Rogers v. The Bank of New York Mellon Corporation et al

Filing 46

OPINION AND ORDER re: 40 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers, 42 MOTION for CRONIN & BYCZEK, LLP to Withdraw as Attorney of Record filed by Jacqueline Rogers. The Clerk of th e Court is directed to mark Docket Items 40 and 42 as closed. The Cronin Firm also seeks retaining and charging liens. Because (1) an attorney who is discharged for cause is not entitled to either a retaining or charging lien and (2) the parties have submitted conflicting evidence concerning the basis for the rift between Plaintiff and the Cronin Firm, in the absence of a stipulation between plaintiff and the Cronin Firm, it is necessary to conduct a hearing to determine whether the Cronin Firm has been terminated for cause. The hearing will be conducted on April 4, 2013 at 2:00 p.m. in Courtroom 18-A, United States Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Magistrate Judge Henry B. Pitman on 3/7/2013) Copies Mailed By Chambers. (ft) Modified on 3/7/2013 (ft).

USDCSDNY
~1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------X

ELBcrR.ON1CALLY FIlEl>

_I

DOC #:

DJU'E FliED:

1 ~-:J

JACQUELINE ROGERS,

09 C

Plaintiff,

8551

(HBP)

OPINION
AND ORDER

-againstTHE BANK OF NEW YORK MELLON
,
CORPORATION,

.

Defendants.

-----------------------------------x

PITMAN, United States Magistrate Judge:

I.

Introduction

In a motion dated May 11, 2012 that is docketed as both
Docket Items 40 and 42, Cronin & Byczek, LLP (the "Cronin Firm")
moves to withdraw as counsel
ments submi
there

r plaintiff.

in connection with

Because the docu­

motion demonstrate that

been, at the very least, an irreparable breakdown

communications

tween plaintiff and the Cronin Firm, the appli­

cation is granted and the Cronin Firm, its partners and associ­
ates are relieved as counsel for pi

ntiff.

Clerk of the

Court is directed to mark Docket Items 40 and 42 as closed.
Cronin Firm also seeks retaining and charging
liens.

Because (1) an attorney who is discharged for cause is

not entitled to either a

ing or cha

lien and (2) the

parties have submitted conflicting evidence concerning the basis
for the rift between Plaintiff and the Cronin Firm, in the
absence of a stipulation between plaintiff and the Cronin Firm,
it is necessary to conduct a hearing to determine whether the
Cronin Firm has been terminated for cause.

The hearing will be

conducted on April 4, 2013 at 2:00 p.m. in Courtroom 18-A, United
States Courthouse, 500 Pearl Street, New York, New York
Dated:

10007.

New York, New York
March 7, 2013

SO ORDERED

HENRY PI
N
United States Magistrate Judge
Copies transmitted to:
Ms. Jacqueline Rogers
4121 Beach Channel Drive
Far Rockaway, New York 11691
Linda M. Cronin, Esq.
Cronin & Byczek, LLP
1983 Marcus Avenue
Suite C-120
Lake Success, New York

11042

Christine B. Cesare, Esq.
Bryan Cave LLP
1290 Avenue of Americas
New York, New York 10104

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