Madiedo v. Gerhardt et al

Filing 21

ORDER granting 19 Motion to Withdraw as Attorney. Attorney Marc Steven Reiner terminated; Order granting in part 20 Motion to Stay; Stay shall lift on April 11, 2011. Pretrial Deadlines reset; Calendar Call reset for July 21, 2011. Plaintiff to file notice regarding contact information if no attorney files a Notice of Appearance. Signed by Judge James I. Cohn on 4/5/2011. (prd)

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Madiedo v. Gerhardt et al Doc. 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 10-81173-Civ-Cohn/Seltzer ANA ISABELLA MADIEDO, Plaintiff, v. MARK GERHARDT, MATTHEW BRINDISI, INTEGRITY WAY and TRANSFORMATIONS TREATMENT, INC., Defendants. _____________________________________________/ ORDER GRANTING MOTION TO WITHDRAW AS PLAINTIFF'S COUNSEL ORDER GRANTING IN PART MOTION TO STAY ORDER SETTING NEW SCHEDULE THIS CAUSE is before the Court upon the Unopposed Motion to Withdraw as Plaintiff's Counsel [DE 19] and Plaintiff's pro se Motion to Stay [DE 20]. The Court has carefully considered all of the filings in this case. Plaintiff's counsel, Marc Reiner, has moved to withdraw from this action, citing "irreconcilable differences" with Plaintiff. Neither Plaintiff nor Defendants oppose this motion. The Court will therefore grant the motion to withdraw. In her response to the motion, Plaintiff expresses her grievances against Attorney Reiner, and her belief that he has deceived her throughout his representation. Plaintiff consents to Attorney Reiner's withdrawal, but requests that a stay be placed on her case while she obtains new counsel. Defendant did not respond to this motion. The Court does note that the initial scheduling order in this case placed the Calendar Call six months after the filing of this action, as the primary claim was for unpaid wages pursuant to the Fair Labor Standards Act ("FLSA"). However, the Complaint (as well as the Second Amended Complaint [DE 13]) also contains several tort claims, including both intentional torts and negligence-related torts. In addition, the parties had filed a Notice of Settlement on February 2, 2011 [DE 18], which invariably led to a delay in completion of discovery. The Court concludes that the remaining deadlines in this case shall be extended. However, as of this date, Plaintiff Ana Madiedo has already had a thirty-six (36) day stay since the date of the filing of her motion, and only a brief further stay is warranted. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Unopposed Motion to Withdraw as Plaintiff's Counsel [DE 19] is hereby GRANTED, and Marc Reiner, Esq. is removed as counsel for Plaintiff Ana I. Madiedo; 2. Plaintiff's pro se Motion to Stay [DE 20] is hereby GRANTED in part in that the case has been stayed since the filing of her motion. The stay shall lift on Monday, April 11, 2011; 3. Absent the filing of a Notice of Appearance of counsel on her behalf, Plaintiff Ana Madiedo shall be deemed to be representing herself. Ms. Madiedo shall file a Notice with her address or other means for the Court and Defendants' counsel to communicate with her. It will remain Plaintiff's responsibility to keep her contact information current. 4. The following deadlines shall now apply to this case: Discovery cutoff Dispositive motion deadline Mediation Report Deadline Motions in limine May 20, 2011 June 3, 2011 June 17, 2011 July 7, 2011 2 Responses to Motions in Limine, Joint Pretrial Stipulation and Deposition Designations for Trial for Unavailable Witnesses July 15, 2011 Proposed Jury Instructions, and any Calendar Call Counter-designations and objections to Deposition designations 5. This case is reset for trial on the two week trial period commencing July 25, 2011, with the Calendar Call reset for Thursday, July 21, 2011 at 9:00am. DONE AND ORDERED in chambers in Fort Lauderdale, Broward County, Florida, this 5th day of April, 2011. copies to: counsel of record Ana Madiedo via fax 3

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