Motola v. Cavalry Portfolio Svcs LLC et al

Filing 26

NOTICE & ORDER regarding plaintiff's counsel's motion for leave to withdraw. See attached. Plaintiff must either file a pro se appearance or have other counsel appear on his behalf by 1/16/2012. Signed by Judge Donna F. Martinez on 12/30/11. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
KEITH MOTOLA,

:
:
Plaintiff,
:
:
v.
:
:
CAVALRY PORTFOLIO SERVICES,
:
LLC and DOES 1- 10, INCLUSIVE,:
:
Defendants.
:

CASE NO. 3:10cv1738(RNC)

NOTICE AND ORDER
Pending before the court is the second motion of Attorney
Sergei Lemberg for leave to withdraw his appearance as counsel for
the plaintiff, Keith Motola.

(Doc. #25.)

Attorney Lemberg filed his previous motion to withdraw as
counsel on July 29, 2011. (Doc. #22.) The plaintiff was personally
served with a copy of the motion.

(Lemberg Decl. ¶11.)

The court

denied Attorney Lemberg's motion without prejudice to renewal after
November 10, 2011.

The court's order stated in pertinent part:

Mr. Motola is hereby notified that if he fails to
file a pro se appearance or appear through new counsel on
or before November 10, 2011, as required by this order,
a renewed motion for leave to withdraw the appearance of
Attorney Lemberg will be granted and the action will be
dismissed. See D. Conn. L. Civ. R. 7(e).
Attorney Lemberg is hereby ordered to serve Mr.
Motola with a copy of this order by personal service or
certified mail on or before October 10, 2011. Any renewal
of this motion must be supported by a certificate showing
that Mr. Motola was personally served with a copy of this
order in a timely manner.
The plaintiff did not file a pro se appearance.
did not appear on his behalf.

Other counsel

On November 10, 2011, Attorney

Lemberg filed this motion seeking to withdraw.

Attorney Lemberg

submitted proof that a marshal tried to serve the plaintiff with the
motion and the court's order but that the marshal was not
personally serve the plaintiff with the papers.

able to

(Pl's Ex. C.)

Attorney Lemberg also attempted to send the motion and order to the
plaintiff by certified mail but the plaintiff did not claim the
package.

(Pl's Ex. B.)

The Clerk of the Court shall cause a copy of this order and
Attorney Lemberg's pending motion (doc. #25) to be mailed to the
plaintiff at 161 E Main St, #20 Vernon, CT 06066.

The plaintiff is

notified that if he fails to file a pro se appearance or appear
through new counsel on or before January 16, 2012, the court will
grant Attorney Lemberg's renewed motion for leave to withdraw and
dismiss the plaintiff's action.
SO ORDERED at Hartford, Connecticut this 30th day of December,
2011.
___________/s/________________
Donna F. Martinez
United States Magistrate Judge

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