USA Staffing Services LLC v. YDC, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK –– – – – – – – – – – – – – – – – – – – – – – – – – – – – – X USA STAFFING SERVICES, LLC, : : Case No. 23-cv-8613 Plaintiff, : : NOTICE OF MOTION -against- : : YDC, INC. d/b/a REZI, : Defendant, : : : : ––– – – – – – – – – – – – – – – – – – – – – – – – – – – – X NOTICE OF MOTION BY MICHAEL T. CARR, ESQ. AND ROSENBERG & ESTIS, P.C., TO WITHDRAW AS COUNSEL FOR DEFENDANT AND TO FILE ITS SUPPORTING DECLARATION UNDER SEAL Pursuant to Local Civil Rule 1.4., Michael T. Carr, Esq. and Rosenberg & Estis, P.C. (collectively, “R&E”), respectfully move this Court for an Order granting permission to withdraw as counsel for Defendant YDC INC. d/b/a REZI, i/s/h/a YDC, INC. d/b/a REZI (“Defendant”) and for leave to file a supporting declaration under seal. The details of the request are set forth in a proposed Declaration of Michael T. Carr, Esq., in Support of Motion to Withdraw as Counsel (the “Proposed Declaration”). R&E respectfully requests that it be permitted to file the Proposed Declaration under seal, allowing for the Court’s in camera review, but denying review of the contents by plaintiffs as to not prejudice Defendant in any respect. In conjunction with these requests, R&E is not asserting a charging lien, and it is respectfully requested that if leave is granted, the Court stay the action for thirty (30) days to allow Defendant to retain new counsel. WHEREFORE, it is respectfully requested that the Court grant this motion, as well as such other and further relief as may be just and proper. Dated: New York, New York November 21, 2023 ROSENBERG & ESTIS, P.C. application to withdraw is GRANTED. Mr. Carr shall Attorneys for Defendant ent a copy of this order to Defendant no later than YDC INC. d/b/a REZI 28, 2023. The Clerk of Court is respectfully to terminate Mr. Carr's ECF notifications in this /s/Michael T. Carr By: rporation, which is an artificial entity, may appear in Michael T. Carr (CA8262) ral court only through a licensed attorney; a corporation 733 Third Avenue not appear pro se. See 28 U.S.C. § 1654; Rowland v. New York, New York 10017 Men’s Colony, Unit Il Men’s Advisory Council, 506 (212) 867-6000 194, 202 (1993); U.S. ex rel. Mergent v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008); accord De v. 94 Corner Cafe Corp., No. 21 Civ. 1577, 2021 at *2 (S.D.N.Y. Nov. 8, 2021). By December 22, new counsel for Defendant shall appear, or Defendant file a letter describing its efforts to promptly retain in this matter. initial pretrial conference scheduled for November 29, is adjourned to January 17, 2024, at 4:20 P.M. By ary 10, 2024, the parties shall file the materials in the Order at Dkt. No. 6. Clerk of Court is respectfully directed to terminate the at Dkt. Nos. 10 and 11. November 22, 2023 New York, New York

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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