Ceglia v. Zuckerberg et al
ORDER. Plaintiff's Notice of Withdrawal (Doc. No. 168) on behalf of Jeffrey A. Lake, Esq., is struck without prejudice.. Signed by Hon. Leslie G. Foschio on 10/21/2011. (SDW)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
PAUL D. CEGLIA,
MARK ELLIOT ZUCKERBERG,
By order filed October 20, 2011 (Doc. No. 169), Plaintiff was directed to show
cause why the Notice of Withdrawal filed by Jeffrey A. Lake, Esq., Plaintiff’s co-counsel
of record, should not be stricken as non-compliant with Local Rule of Civil Procedure
83.2(d)(2). Plaintiff has failed to do so.
Local Rule 83.2(d) permits withdrawal of counsel by motion, L.R. 83.2(d)(1), or,
without court order, by stipulation, L.R. 83.2(d)(2). A stipulation of withdrawal required,
as relevant, “all counsel of record” execute the stipulation. Plaintiff’s Notice of
Withdrawal does not include any signature by Defendants’ counsel. Accordingly, it is
ineffective to permit Mr. Lake’s withdrawal and must be struck.
Based on the foregoing, Plaintiff’s Notice of Withdrawal (Doc. No. 168) on behalf
of Jeffrey A. Lake, Esq., is struck without prejudice.
/s/ Leslie G. Foschio
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: October 21, 2011
Buffalo, New York