FAT Brands Inc. v. PPMT Capital Advisors, Ltd.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : FAT BRANDS, INC., : : Plaintiff, : : 19-CV-10497 (JMF) -v- : : ORDER PPMT CAPITAL ADVISORS, LTD., et al., : : Defendants. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: On January 5, 2021 the Court granted the motions to dismiss filed by Defendants SJ Global Investments Worldwide, Ltd., SJ Global Investments, Ltd., Peter Samuel, Neil Walsh, Kristina Fields, and Mickey Edison (collectively, the “SJ Global Defendants”) and Defendant Wesley Ramjeet. See FAT Brands, Inc. v. PPMT Capital Advisors, Ltd., No. 19-CV-10497 (JMF), 2021 WL 37709 (S.D.N.Y. Jan. 5, 2021) (ECF No. 154). Plaintiff’s claims against Defendants PPMT Capital Advisors, Ltd., Royal Gulf Capital Corporation, and Karl Douglas remain pending. Plaintiff now moves for entry of final judgment against the SJ Global Defendants and Ramjeet. ECF No. 160. Any opposition to Plaintiff’s motion shall be filed no later than February 4, 2021. Any reply shall be filed no later than February 11, 2021. Counsel for the SJ Global Defendants (“SJ Global Counsel”) moved to withdraw from representing the SJ Global Defendants on December 14, 2020. ECF No. 149. That motion was denied as moot by the Court in its Opinion and Order granting the motions to dismiss. FAT Brands, 2021 WL 37709, at *14. In light of that, and notwithstanding SJ Global Counsel’s letter dated January 19, 2021 purporting that they no longer represent the SJ Global Defendants, ECF No. 159, the Court is of the view that SJ Global Counsel remains counsel of record for the SJ Global Defendants until entry of final judgment or approval of any motion to withdraw in accordance with Local Rule 1.4. Cf Wilson v. Pasquale’s DaMarino’s Inc., No. 10-CV-2709 (PGG), 2018 WL 4761574, at *8 (S.D.N.Y. Sept. 30, 2018) (“It is generally said of the attorney- client relationship that when an attorney is retained to conduct a legal proceeding, he enters into an entire contract to conduct the proceeding to a conclusion... Full availability of legal counsel requires . . . that lawyers who undertake representation complete the work involved.” (internal quotation marks and alterations omitted)); Vitale v. City Const. Mgmt. Co., 568 N.Y.S.2d 399, 400 (App. Div. 1991) (noting, on motion to restore to trial calendar, that “prior counsel remained plaintiffs counsel of record” absent formal withdrawal where plaintiff’ s claims had been dismissed). If SJ Global Counsel believes otherwise — that is, if SJ Global Counsel believe that they were entitled to terminate their representation, and thus withdraw, without leave of Court — they shall file a letter demonstrating why they are no longer counsel of record for the SJ Global Defendants no later than January 29, 2021.

SO ORDERED. Dated: January 22, 2021 New York, New York JESS URMAN nited States District Judge