CEVDET AKSUT VE OGULLARI KOLL. STI v. CAVUSOGLU
LETTER ORDER denying 87 Motion to Withdraw as Attorney.. Signed by Judge William J. Martini on 8/26/15. (gh, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MARTIN LUTHER KING JR. FEDERAL BLDG. & U.S. COURTHOUSE
50 WALNUT STREET, P.O. BOX 419
NEWARK, NJ 0710 1-0419
WILLIAM J. MARTINI
August 26, 2015
Nicholas A. Vytell, Esq.
Joseph P. McNulty, Esq.
Carroll McNulty & Kull LLC
120 Mountain View Boulevard
Basking Ridge, New Jersey 07920
(Attorneys for Defendant)
Cevdet Aksut ye Ogullari Koll, Sti v. Cavusoglu
Civil Action No. 12-2899 (WJM)
The Court is in receipt of your Motion to Withdraw as Counsel dated August 24,
2015 (ECFNo. 87).
As you are aware, Local Rule 102.1 prohibits the substitution or withdrawal of
counsel after a case has been set for trial except by leave of the Court. Moreover, Local
Rule 103.1 requires counsel to abide by the New Jersey Rules of Professional Conduct
(“RPC”), which state that an attorney must ensure that withdrawal will not have a
“material adverse effect on the interests of the client.” RPC l.l6(b)(1). Counsel’s
request to withdraw is brought less than a month before trial in this action is scheduled to
begin. It is unlikely that the Defendant will be able to fmd replacement counsel so close
to trial, and a delay would prejudice the other litigant and harm the administration of
justice. See Rusinow v. Kainara, 920 F. Supp. 69, 71 (D.N.J. 1996) (finding that
“[c]riteria such as the proximity to trial and the possibility for a client to obtain substitute
counsel are also relevant considerations” when determining whether to grant attorney
leave to withdraw). Consequently, Counsel’s Motion to Withdraw is DENIED.
The Court has set a trial date for September 14, 2015, and the Court expects the
parties to abide by the proposed in limine motion briefing schedule filed on August 17,
2015 (ECF No. 85).
/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.
Steven A. Soulious, Esq. (via ECF only)
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