Rogers v. The Bank of New York Mellon et al, No. 1:2009cv08551 - Document 46 (S.D.N.Y. 2013)
Court Description: OPINION AND ORDER re: 40 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers, 42 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers. The Clerk of th e Court is directed to mark Docket Items 40 and 42 as closed. The Cronin Firm also seeks retaining and charging liens. Because (1) an attorney who is discharged for cause is not entitled to either a retaining or charging lien and (2) the parties have submitted conflicting evidence concerning the basis for the rift between Plaintiff and the Cronin Firm, in the absence of a stipulation between plaintiff and the Cronin Firm, it is necessary to conduct a hearing to determine whether the Cronin Firm has been terminated for cause. The hearing will be conducted on April 4, 2013 at 2:00 p.m. in Courtroom 18-A, United States Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2013) Copies Mailed By Chambers. (ft) Modified on 3/7/2013 (ft).
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USDCSDNY ~1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------X ELBcrR.ON1CALLY FIlEl> _I DOC #: DJU'E FliED: 1 ~-:J JACQUELINE ROGERS, 09 C Plaintiff, 8551 (HBP) OPINION AND ORDER -againstTHE BANK OF NEW YORK MELLON , CORPORATION, . Defendants. -----------------------------------x PITMAN, United States Magistrate Judge: I. Introduction In a motion dated May 11, 2012 that is docketed as both Docket Items 40 and 42, Cronin & Byczek, LLP (the "Cronin Firm") moves to withdraw as counsel ments submi there r plaintiff. in connection with Because the docu motion demonstrate that been, at the very least, an irreparable breakdown communications tween plaintiff and the Cronin Firm, the appli cation is granted and the Cronin Firm, its partners and associ ates are relieved as counsel for pi ntiff. Clerk of the Court is directed to mark Docket Items 40 and 42 as closed. Cronin Firm also seeks retaining and charging liens. Because (1) an attorney who is discharged for cause is not entitled to either a ing or cha lien and (2) the parties have submitted conflicting evidence concerning the basis for the rift between Plaintiff and the Cronin Firm, in the absence of a stipulation between plaintiff and the Cronin Firm, it is necessary to conduct a hearing to determine whether the Cronin Firm has been terminated for cause. The hearing will be conducted on April 4, 2013 at 2:00 p.m. in Courtroom 18-A, United States Courthouse, 500 Pearl Street, New York, New York Dated: 10007. New York, New York March 7, 2013 SO ORDERED HENRY PI N United States Magistrate Judge Copies transmitted to: Ms. Jacqueline Rogers 4121 Beach Channel Drive Far Rockaway, New York 11691 Linda M. Cronin, Esq. Cronin & Byczek, LLP 1983 Marcus Avenue Suite C-120 Lake Success, New York 11042 Christine B. Cesare, Esq. Bryan Cave LLP 1290 Avenue of Americas New York, New York 10104 2
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