FF Supply, LLC v. BF International Co., Ltd.

Filing 20

ORDER denying without prejudice 17 Letter Motion for Discovery. It is hereby ORDERED, as stated at the conference, that: 1. If Mikhail Ratner, Esq. ("Ratner"), as counsel of record for defendant BF International Co., Ltd. ("Defenda nt"), wishes to move to withdraw from representing Defendant in this case, then, no later than December 30, 2019, Ratner shall file a motion for leave to withdraw, as required by Local Civil Rule 1.4 of this Court, and shall serve that motion pr omptly on Defendant (by fax or email) and file proof of such service.1 All discovery shall be stayed until December 30, 2019, and, if a motion to withdraw is filed by that date, then discovery shall remain stayed pending resolution of the motion. 2. If Ratner proceeds to file a motion to withdraw, and Defendant wishes to be heard with respect to theat motion, then, no later than January 6, 2020, Defendant should submit a response to the motion to this Court, with a copy to Ratner. This respon se may be sent by overnight mail or by fax directly to my Chambers at the following address or fax number: Hon. Debra Freeman, U.S. Magistrate Judge, United States Courthouse, 500 Pearl Street, Room 1660, New York, New York 10007, Fax: [phone] . Defendant's response may be submitted ex parte; in other words, it need not be served on counsel for Plaintiff. This Court, in its discretion, will determine whether any response it receives should be filed publicly or if it contains sensitive information that warrants its being placed under seal. (as further set forth herein). In light of the rulings herein, the motion for discovery filed by plaintiff FF Supply, LLC, on December 5, 2019 (Dkt. 17) is denied without prejudice, and the Clerk of Court is directed to close that motion on the Docket of this action. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 12/20/2019) Copies to All counsel (via ECF). (kv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

FF SUPPLY, LLC, d/b/a ZENITH INSURED
CREDIT,
Plaintiff,

19cv03557 (CM) (DF)
ORDER

-againstBF INTERNATIONAL CO., LTD.,
Defendant.
DEBRA FREEMAN, United States Magistrate Judge:

The Court having held a telephone conference on December 18, 2019, with counsel for
all parties, it is hereby ORDERED, as stated at the conference, that:
1.

If Mikhail Ratner, Esq. ("Ratner"), as counsel of record for defendant

BF International Co., Ltd. ("Defendant"), wishes to move to withdraw from representing
Defendant in this case, then, no later than December 30, 2019, Ratner shall file a motion for
leave to withdraw, as required by Local Civil Rule 1.4 of this Court, and shall serve that motion
promptly on Defendant (by fax or email) and file proof of such service. 1 All discovery shall be
stayed until December 30, 2019, and, if a motion to withdraw is filed by that date, then discovery
shall remain stayed pending resolution of the motion.

1

This Court notes that the Answer to the Complaint that Ratner filed on behalf of
Defendant in this case lists Ratner's law firm affiliation as Emergent LLP ("Emergent"), and it is
this Court's understanding that, if Ratner seeks to withdraw, he will be seeking withdrawal on
his own behalf and on behalf of Emergent. (See Letter to the Court from Ratner, dated Dec. 18,
2019.) This Court also notes, however, that-possibly because Ratner has failed to update his
registration information for the Court's Electronic Case Filing ("ECF") system- the Docket for
this action reflects that Ratner's affiliation is with a different law firm, the firm of Silverman,
Sclar, Shin & Byrne PLLC. Regardless of whether he moves to withdraw, Ratner is directed to
correct any error reflected on the Docket of this action, regarding the identity and mailing
address of the law firm that, with Ratner, is Defendant's current counsel ofrecord.

2.

If Ratner proceeds to file a motion to withdraw, and Defendant wishes to be heard

with respect to that motion, then, no later than January 6, 2020, Defendant should submit a
response to the motion to this Court, with a copy to Ratner. This response may be sent by
overnight mail or by fax directly to my Chambers at the following address or fax number:
Hon. Debra Freeman, U.S. Magistrate Judge
United States Courthouse
500 Pearl Street, Room 1660
New York, New York 10007
Fax: [phone]
Defendant's response may be submitted ex parte; in other words, it need not be served on
counsel for Plaintiff. This Court, in its discretion, will determine whether any response it
receives should be filed publicly or if it contains sensitive information that warrants its being
placed under seal.
3.

Further, this Court anticipates that, if Ratner moves to withdraw, then this Court

will hold a conference with counsel for the parties, together with a corporate representative of
Defendant (who may appear by telephone, if located in Korea), to address the motion. For this
reason, and because of the scheduling difficulties that may be posed by the time zone difference
between this jurisdiction and Korea, Ratner is directed to inform this Court, together with any
motion to withdraw, of dates and times at which a corporate representative of Defendant can be
available for such a conference. This Court has current availability on the morning (9:30 a.m.)
of January 7 and 9, 2020, and on the evening (6:00 p.m.) of January 13, 2020.
4.

Defendant is cautioned that, if Ratner moves to withdraw and Defendant neither

submits a timely response to the motion, nor appears at a motion conference scheduled by the
Court, then the motion may be granted as unopposed.

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5.

Defendant is further cautioned that a corporation may not proceed before this

Court prose (meaning without an attorney). For this reason, if this Court permits Ratner to
withdraw, then Defendant will need to retain new counsel in order to defend against the claims in
this action. Failure to do so may result in the entry of a default judgment against Defendant.
6.

If no motion to withdraw is filed by Ratner by December 3 0, 2019, then this

Court will assume that Ratner has decided not to file such a motion, and the discovery stay will
be lifted and counsel will be expected to submit, no later than January 3, 2020, a jointly proposed
schedule for the completion of all discovery. Given past discovery delays, this proposal should
provide expedited deadlines for the completion of paper discovery, and specific dates (and
locations) for depositions.

7.

Ratner is directed to provide a copy of this Order to Defendant forthwith (again,

by fax or email), and to file proof of such service.
8.

In light of the rulings herein, the motion for discovery filed by plaintiff

FF Supply, LLC, on December 5, 2019 (Dkt. 17) is denied without prejudice, and the Clerk of
Court is directed to close that motion on the Docket of this action.
Dated: New York, New York
December 20, 2019
SO ORDERED

DE£Mff~
United States Magistrate Judge
Copies to:
All counsel (via ECF)

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