Orlando v. City of New York et al

Filing 16

ORDER re 15 . Plaintiff Lisa Orlando is ORDERED to show cause why 15 counsel's motion to withdraw should not be granted. Plaintiff is further ORDERED to appear before this Court on 11/15/2017 at 9:30 a.m. in Courtroom 13B South, 225 Cadman Plaza East, Brooklyn, NY to address counsel's motion. In the alternative, plaintiff may obtain new counsel and the new attorney may enter an appearance and attend the conference. Mr. Greenberg is ORDERED to serve a copy of this Order on Lisa Orlando by regular mail and by Certified Mail/RRR and to file the return receipt with the Court on ECF. He is further Ordered to send a copy of this Order to plaintiff by e-mail and to convey the substance of this Order to plaintiff by phone. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/30/2017. (Blase, Brendan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

LISA ORLANDO,
Plaintiff,
ORDER

-against-

17 CV 2001(MKB)
(CLP)

THE CITY OF NEW YORK et al.
Defendants.
X

POLLAK,United States Magistrate Judge:

Plaintiff Lisa Orlando filed this action against the City of New York and police officer

whose names are unknown at this time. (See generally Compl.,' Apr, 6, 2017). She brings
claims against the officers for assault, battery, false arrest and imprisonment, malicious

prosecution, abuse of process, and denial of equal protection. (See, e.g., id. H 2). Plaintiff also
seeks to hold the City of New York liable under Monell v. Department of Soc. Servs.. 436 U.S.
658(1978), for policies, practices, and customs she alleges caused the injuries set forth in her
Complaint. (See Compl.

18-25).

On October 25, 2017, plaintiffs attorney, Harlan Greenberg, filed a letter with the Court

seeking permission to withdraw as counsel for Ms. Orlando. (See Greenberg Mot.,^ Oct. 25,
2017). Mr. Greenberg claims that information provided by defense counsel at the initial
conference in this matter "raised many significant factual issues which have clearly changed
[his] view of what may have transpired during [pjlaintiffs arrest." (Id at 1). Those disclosures

^ Citations to "Compl." refer to plaintiffs Complaint filed on April 6, 2017,ECF No. 1.

^ Citations to "Greenberg Mot." refer to the Motion to Withdraw as Counsel filed by Harlan
Greenberg on October 25, 2017, ECF No. 15.

caused counsel's relationship with the plaintiff to start to erode. (Id.)

Mr. Greenberg advises the Court that he "forwarded a letter to Ms. Orlando setting forth
what was disclosed and transpired at the initial conference. We further demanded that she

contact us upon receipt of that letter[.]" (Id.) Plaintiff did not respond to the letter, nor did she

respond to various phone calls and voicemail messages Mr. Greenberg's firm left for her
thereafter. (Id.)

Accordingly, plaintiff Lisa Orlando is hereby ORDERED to show cause why counsel's
motion to withdraw should not be granted. Plaintiff is further ORDERED to appear before this
Court at a conference scheduled for November 15,2017 at 9:30 a.m. to address counsel's

motion. In the alternative, plaintiff may obtain new counsel and the new attorney enter an

appearance in this matter and attend the conference. Mr. Greenberg is to attend in person unless
plaintiffs new counsel enters an appearance by November 14, 2017.
Mr. Greenberg is ORDERED to send a copy of this Order to plaintiff Lisa Orlando by

regular mail and by Certified Mail, return receipt requested, and to file the return receipt with the
Court. He is further ordered to send a copy of this Order to plaintiff by e-mail and to
communicate the substance ofthis Order to plaintiff by phone.

The Clerk is directed to send copies of this Order to the parties either electronically

through the Electronic Case Filing(ECF)system or by mail.
SO ORDERED.

Dated: Brooklyn, New York
October 30, 2017

/s/ Cheryl L. Pollak
Cheryl^. Pollak

Unitei^tates Magistrate Judge
East^ District of New York