Miller v. Hidden Oaks LLC et al

Filing 70

ORDER TO SHOW CAUSE and ORDER denying 61 Motion to Withdraw as Attorney; denying 65 Amended Motion to Reschedule Hearing and Request for Remote Appearance; denying 66 Motion to Excuse Defendant from Attending Motion Hearing. The Notice of Unavailability (Doc. 69) is STRICKEN, as the Rules of this Court do not allow for such a filing. On October 10, 2024 at 11:00 a.m. in Courtroom 5C of the United StatesCourthouse at 401 West Central Boulevard, Orlando, Florida 32801, a corporate repre sentative of Defendant Hidden Oaks, LLC, Defendant Mucciante, Ms. Fisher, and Mr. Jimerson shall SHOW CAUSE as to why they should not be sanctioned for failing to appear at the hearing. Sanctions may include, but are not limited to, the costs incurred by Plaintiff in having counsel appear at the duly noticed hearing. Signed by Magistrate Judge Daniel C. Irick on 9/24/2024. (TNP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
EMILY MILLER,
Plaintiff,
v.

Case No: 6:23-cv-1226-RBD-DCI

HIDDEN OAKS LLC and TIMOTHY
MUCCIANTE,
Defendants.

ORDER TO SHOW CAUSE
On August 12, 2024, Defendants’ counsel filed a motion seeking leave for counsel’s law
firm (Jimerson Birr, P.A.) to withdraw as counsel for Defendants. Doc. 58. Shortly thereafter, the
Court denied that motion and explained that “[t]he Court recognizes appearances and requests to
withdraw by lawyers, not law firms.” Doc. 59. Then, on August 30, 2024, Defendants’ counsel
filed the instant amended motion to withdraw as to Charles B. Jimerson, Esq., Stewart J. Dubinsky,
Esq., and Natasha V. Fisher, Esq. Doc. 61 (the Motion).
As is customary for the Court whenever withdrawal of counsel would leave a party pro se,
the Court set an in-person hearing on the Motion for September 18, 2024. Doc. 62. On September
10, 2024, Defendants’ counsel filed a motion to reschedule the hearing and requested remote
appearance. Doc. 63. The Court granted that motion in part, excusing Mr. Subjinski from the inperson hearing, but made clear that otherwise “the hearing will take place as noticed” with a
corporate representative of Defendant Hidden Oaks LLC, Defendant Mucciante, all lawyers
seeking to withdraw, and a lawyer for Plaintiff required to be in attendance. Doc. 64.

Then, around 6:45 p.m. on the evening before the hearing, Defendants’ counsel once again
filed a motion seeking to reschedule the hearing and/or requesting remote appearance. Doc. 65.
In that motion, Defendants’ counsel explains, for the first time, that Ms. Fisher is no longer
employed by Jimerson Birr, P.A. and presently resides in New York. Id. at 4. Likewise,
Defendants’ counsel argues that counsel is located in Jacksonville, Florida “and would need to
expend significant round trip travel time to appear physically[.]” Id. Contemporaneously, the
Court received a pro se filing from Defendant Mucciante explaining that he only learned of the
Court’s order denying the motion to reschedule on the afternoon of September 17, 2024. Doc. 66
at 1. Defendant Mucciante also provided that he resides in Michigan and would not be able to
attend the hearing in person. Id.
On September 18, 2024, the Court held the in-person hearing as noticed. No corporative
representative, nor Defendant Mucciante, nor any of the attorneys seeking to withdraw as
Defendants’ counsel were present—only Plaintiff’s counsel was present. The hearing was noticed
on September 6, 2024. Doc. 62. All parties involved had ample time to make arrangements
necessary to attend the hearing but elected to not do so. Further, when counsel voluntarily
undertook this representation, they knew they resided in Jacksonville and this Court is located in
Orlando. Counsel appearing in a case within the Orlando Division of the Middle District of Florida
are expected to be ready and able to appear in-person in Orlando for court hearings. Further, by
failing to appear at the hearing as required, counsel has unnecessarily required Plaintiff’s counsel
to appear at the noticed hearing and incur the costs of that appearance.
Accordingly, it is ORDERED that:
1. The Motion to withdraw (Doc. 61) is DENIED;
2. The motions to excuse appearance at the hearings (Docs. 65 and 66) are DENIED;

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3. The Notice of Unavailability (Doc. 69) is STRICKEN, as the Rules of this Court do
not allow for such a filing; and
4. on October 10, 2024 at 11:00 a.m. in Courtroom 5C of the United States
Courthouse at 401 West Central Boulevard, Orlando, Florida 32801, a corporate
representative of Defendant Hidden Oaks, LLC, Defendant Mucciante, Ms. Fisher, and
Mr. Jimerson shall SHOW CAUSE as to why they should not be sanctioned for failing
to appear at the hearing. Sanctions may include, but are not limited to, the costs
incurred by Plaintiff in having counsel appear at the duly noticed hearing.
ORDERED in Orlando, Florida on September 24, 2024.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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