Salibello v. Omnicom Media Group Holdings INC.

S.D. New York

Salibello v. Omnicom Media Group Holdings INC.

District Court, S.D. New York·Decided October 10, 2024·No. 1:24-cv-04937·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MIA SALIBELLO, Plaintiff, No. 24-CV-4937 (LAP) -against- ORDER OMNICOM MEDIA GROUP HOLDINGS, et al., Defendants.

LORETTA A. PRESKA, Senior United States District Judge: Pursuant to its Order, dated October 1, 2024, (see dkt. no. 17), the Court has received two letters from Plaintiff in the above-captioned case, dated October 2, 2024, and October 7, 2024, regarding her attorney’s motion to withdraw as counsel and to assert a charging lien, (see dkt. no. 14). The Court has directed Plaintiff to share with her attorney the letters she shared with the Court. The Court acknowledges that it may grant a motion to withdraw based upon a showing of “satisfactory reasons” supported by an affidavit, which reasons may include a “client’s lack of cooperation—including lack of communication—with counsel, and the existence of irreconcilable conflict between attorney and client.” Ruiz v. Keratin Bar Inc., 2020 WL 7079904, at *2 (S.D.N.Y. Dec. 3, 2020); see also Marciano v. DCH Auto Grp., 2016 WL 11703590, at *1 (S.D.N.Y. Feb. 2, 2016) (same). It may also enforce a charging lien so long as the attorney has not withdrawn without good cause or the client has not terminated the attorney for cause. See Joffe v. King & Spalding LLP, 337 F. Supp. 3d 366, 369 (S.D.N.Y. 2018), aff'd sub nom. Joffe v. Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., 827 F. App'x 35 (2d Cir. 2020); Ruiz, 2020 WL 7079904, at *3. However, the information provided both by Plaintiff and Plaintiff’s counsel thus far is insufficient to establish whether there exists a lack of cooperation, lack of communication, irreconcilable conflicts, or good cause for the termination of the attorney-client relationship. Accordingly, Plaintiff and Plaintiff’s counsel shall appear for a conference in Courtroom 12A at 12:00 p.m. on November 7, 2024, to address the contentions in their respective submissions to the Court. SO ORDERED. Dated: October 10, 2024 New York, New York waitllalh LORETTA A. PRESKA ————— Senior United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MIA SALIBELLO, Plaintiff, No. 24-CV-4937 (LAP) -against- ORDER OMNICOM MEDIA GROUP HOLDINGS, et al., Defendants.

LORETTA A. PRESKA, Senior United States District Judge: Pursuant to its Order, dated October 1, 2024, (see dkt. no. 17), the Court has received two letters from Plaintiff in the above-captioned case, dated October 2, 2024, and October 7, 2024, regarding her attorney’s motion to withdraw as counsel and to assert a charging lien, (see dkt. no. 14). The Court has directed Plaintiff to share with her attorney the letters she shared with the Court. The Court acknowledges that it may grant a motion to withdraw based upon a showing of “satisfactory reasons” supported by an affidavit, which reasons may include a “client’s lack of cooperation—including lack of communication—with counsel, and the existence of irreconcilable conflict between attorney and client.” Ruiz v. Keratin Bar Inc., 2020 WL 7079904, at *2 (S.D.N.Y. Dec. 3, 2020); see also Marciano v. DCH Auto Grp., 2016 WL 11703590, at *1 (S.D.N.Y. Feb. 2, 2016) (same). It may also enforce a charging lien so long as the attorney has not withdrawn without good cause or the client has not terminated the attorney for cause. See Joffe v. King & Spalding LLP, 337 F. Supp. 3d 366, 369 (S.D.N.Y. 2018), aff'd sub nom. Joffe v. Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., 827 F. App'x 35 (2d Cir. 2020); Ruiz, 2020 WL 7079904, at *3. However, the information provided both by Plaintiff and Plaintiff’s counsel thus far is insufficient to establish whether there exists a lack of cooperation, lack of communication, irreconcilable conflicts, or good cause for the termination of the attorney-client relationship. Accordingly, Plaintiff and Plaintiff’s counsel shall appear for a conference in Courtroom 12A at 12:00 p.m. on November 7, 2024, to address the contentions in their respective submissions to the Court. SO ORDERED. Dated: October 10, 2024 New York, New York waitllalh LORETTA A. PRESKA ————— Senior United States District Judge

Salibello v. Omnicom Media Group Holdings INC., (S.D.N.Y. 2024).

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