Allstate Insurance Company et al v. A & F Medical P.C. et al

Filing 239

Minute Entry and Order for proceedings held before Magistrate Judge Marilyn D. Go on 3/22/16. Appearances by J. Granat for movant; D. Marvin (by tel.) for plaintiffs. Rulings made on the record granting 194 motion to withdraw by counsel for defen dants Art of Healing Medicine, P.C., Svetlana Pinkusovich, M.D. and Alexander Pinkusovich, M.D., as set forth in the attached order. The motion 199 of Drs. Alexander Pinkusovich and Svetlana Pinkusovich for a stay is granted in part, but only to April 22, 2016 to afford them an opportunity to obtain new counsel. (Tape #FTR 3:27-3:36) Associated Cases: 1:14-cv-06756-JBW-MDG, 1:15-cv-03639-JBW-MDG(Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ALLSTATE INSURANCE COMPANY, et al.,
Plaintiffs,
ORDER
CV 2015-3639 (JBW)(MDG)

- against ART OF HEALING MEDICINE, P.C., et al.,
Defendants.
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Jacobson Goldberg & Kulb, LLP has moved to withdraw as
counsel for defendants Art of Healing Medicine P.C., Alexander
Pinkusovich and Svetlana Pinkusovich (the "Art of Healing
defendants").

See ct. doc. 194.

Alexander Pinkusovich, M.D.,

the principal of the corporate defendant, and Svetlana
Pinkusovich, M.D. consent to the motion (ct. doc. 199), but did
not appear at the hearing.

Plaintiffs do not oppose the motion.

See ct. doc. 198.
Jeffrey A. Granat, Esq. of Jacobson Goldberg & Kulb, LLP
explains in his declaration that there has been a breakdown in
the relationship between attorney and clients.

As discussed on

the record, this Court finds that Jacobson Goldberg & Kulb, LLP
has presented "satisfactory reasons" for counsel's withdrawal and
such withdrawal will not cause undue delay or prejudice
plaintiffs.

See Local Civil Rule 1.4.

Therefore, it is hereby
ORDERED that the motion of Jacobson Goldberg & Kulb, LLP to

withdraw as counsel for the Art of Healing defendants is granted;
and it is further
ORDERED that withdrawing counsel, which does not assert a
lien, must promptly transmit the client files to the Art of
Healing defendants or their new counsel upon request, with the
reasonable costs of reproduction to be borne by the Art of
Healing defendants, and must file a letter with the Court when
the files have been transferred; and it is further
ORDERED that this action is stayed until April 22, 2016 to
give the Art of Healing defendants an opportunity to obtain new
counsel; and it is further
ORDERED that until such time as new counsel for the Art of
Healing defendants enters a notice of appearance, service of
papers by mail upon them at 1840 East 14th Avenue, Brooklyn, NY
11229 shall be deemed sufficient service; and it is further
ORDERED that withdrawing counsel must send a copy of this
order to the Art of Healing defendants by regular mail and send
me proof of mailing.
Warnings to Defendants
The defendants are advised that this case must proceed after
April 22, 2016.

According to plaintiffs' counsel, there are

"numerous outstanding discovery issues" which plaintiffs are
likely to pursue after April 22, 2016.

This matter will be

discussed at the next conference set for May 3, 2016, as
discussed below.
The individual defendants, Drs. Svetlana Pinkusovich and
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Alexander Pinkusovich, have requested that the Court stay this
action for 90 days because of the complexity of the case and
their need for time to get new counsel.

This Court declines to

grant a stay for such a lengthy period of time.

The defendants

have had ample notice of the need to obtain new counsel.
Withdrawing counsel filed their motion for leave to withdraw on
February 24, 2016, but the breakdown in the relationship between
counsel and clients apparently occurred much earlier.

Moreover,

although the individual defendants are not lawyers, they are well
educated and appear to be capable of understanding the mechanics
of litigation and the nature of the claims in this action.
The individual defendants are advised that they are required
to appear in person or through counsel at all scheduled
conferences set by the Court.

They are warned that failure to

appear at a conference or to comply with court orders could
result in sanctions, including a fine.

Continued failure to

comply could ultimately result in entry of default against them.
The individual defendants are further advised that if they
fail to obtain new counsel, they will be expected to proceed in
this action by themselves.

If the individual defendants proceed

without counsel, they are advised that every communication sent
to the Court must also be sent to the opposing party or counsel.
Any document received by a district judge or magistrate judge
which fails to indicate that a copy has been sent to the attorney
for plaintiffs may be disregarded by the Court.
The corporate defendant, Art of Healing Medicine, P.C., is

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advised that corporations may appear in federal court proceedings
only through counsel.

The corporate defendant is further advised

that it is required to appear through counsel at all scheduled
conferences set by the Court.

If it fails to obtain counsel, the

Court will enter default against it.
The next conference in this case is scheduled for May 3,
2016 at 2:00 p.m. in Courtroom 11-C at the United States
Courthouse, 225 Cadman Plaza East, Brooklyn, New York.

The

defendants Art of Healing Medicine P.C., Alexander Pinkusovich
and Svetlana Pinkusovich, as well as the other parties, must
attend.
SO ORDERED.
Dated:

Brooklyn, New York
March 23, 2016
/s/
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

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