L.B. v. New York City Department of Education

Opinion

ELECTRONICALLY FIL DOC #: □ 03/23/202. UNITED STATES DISTRICT COURT DATE BED SOUTHERN DISTRICT OF NEW YORK wee K L.B. AND T.B., : Plaintiffs, : -against- : : 21-CV-6626 (VEC) NEW YORK CITY DEPARTMENT OF : EDUCATION; CHANCELLOR MEISHA : ORDER PORTER, IN HER OFFICIAL CAPACITY; NEW : YORK CITY BOARD OF EDUCATION, : Defendants. : wee K VALERIE CAPRONI, United States District Judge: WHEREAS on March 6, 2023, Plaintiffs’ counsel moved to withdraw due to irreconcilable differences and an irreconcilable conflict with Plaintiffs, see Not. of Mot., Dkt. 65; WHEREAS on March 17, 2023, the Court granted Plaintiffs’ counsel’s motion to withdraw as counsel for L.B. and ordered T.B. to notify the Court independently whether he objects to counsel’s motion and whether he would like time to find a new attorney or whether he intends to proceed pro se, see Order, Dkt. 72; WHEREAS Plaintiff T.B. notified the Court that he does not object to counsel’s motion to withdraw and that he requests time to find replacement counsel; IT IS HEREBY ORDERED that Plaintiffs’ counsel’s motion to withdraw as counsel for T.B. is GRANTED. See Campbell v. TRUW, No. 18-CV-5507 (NSR), 2022 WL 17730113, at *1 (S.D.N.Y. Dec. 16, 2022) (summarily granting counsel’s unopposed motion to withdraw). IT IS FURTHER ORDERED that this case is STAYED for 70 days to give Plaintiffs time to hire new counsel.

IT IS FURTHER ORDERED that not later than Friday, May 26, 2023, Plaintiffs must either (1) have retained counsel who has filed a notice of appearance or (2) submit a status update to the Court regarding their efforts to obtain counsel. Any such status update must be filed through the Pro Se Intake Unit. Information about contacting the Pro Se Intake Unit is available on the Court’s website: https://www.nysd.uscourts.gov/prose/role-of-the-prose-intake- unit/contact. The Plaintiffs are forewarned that the Court is unlikely to continue the stay much beyond May 26, 2023 absent extraordinarily good reasons. The Clerk of Court is respectfully directed to terminate Elisa F. Hyman and Erin Michelle O’Connor as counsel for T.B. and to mail an unredacted copy of this Order to i PRR onc THY SRY 2: 17034 130th Avenue, Apt. 7A, Jamaica, NY 11434. SO ORDERED. \ Oe. ( Date: March 23, 2023 VALERIE ao New York, New York United States District Judge