Suero v. Live Axle Trucking LLC et al

Filing 13

ORDER denying 12 Letter Motion to Adjourn Conference, The motion is denied. This action has been removed from New York Supreme Court, Bronx County, to federal court and Plaintiff's counsel has been ordered to appear before the undersigned on December 3, 2024. See Dkt. 11. Any order to show cause filed in New York Supreme Court has no impact on counsel's ordered appearance before this Court. Counsel for Plaintiff remains ordered to appear before this Court on December 3, 2024, and further is ordered to file a notice of appearance in this action by November 27, 2024. If counsel seeks leave to withdraw from representing Plaintiff, counsel must file a motion for the Court's consideration. Defendants' counsel is directed to provide a copy of this Order to Plaintiff's counsel. The Clerk of Court is respectfully directed to close Docket Number 12. SO ORDERED. (Signed by Judge John P. Cronan on 11/22/2024) (jca)

Sheryl S. Fyffe
77 Water Street, Suite 2100
New York, New York 10005
[e-mail]
Direct: 646.783.0972

November 21, 2024

File No. 29881.552

VIA ECF and [e-mail]
Hon. John P. Cronan
United States District Judge
United States District Court- SDNY
500 Pearl Street, Room 1320
New York, New York 10007
Re:

Suero v. Live Axle Trucking et. al;
24 Civ. 8301 (JPC)

Dear Judge Cronan:
Our firm represents the defendants in the above referenced matter.
The above referenced matter is scheduled for an Initial Pre-trial Conference on December
3, 2024 at 10:00am. I am writing to request a 60 days adjournment of the conference.
Following the Removal of this matter, plaintiff’s counsel filed an Order to Show Cause in the
Supreme Court, Bronx County, seeking leave to withdraw and be relieved as counsel. A copy of
plaintiff’s Proposed Order with Affirmation in Support is annexed hereto. In the Affirmation in
Support, counsel states that further investigation has raised doubts of the viability of the claim that
counsel was retained to prosecute. The Proposed Order has not yet been signed and a hearing
date has not yet been scheduled.
In light of the foregoing, I respectfully request the above requested adjournment be granted.
No prior request for an adjournment was made.
Plaintiff’s counsel consents to this application.

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149165001.1

November 21, 2024
Page 2

Respectfully yours,

Sheryl S. Fyffe
Sheryl S. Fyffe of
LEWIS BRISBOIS BISGAARD & SMITH LLP
SSF
Attachment
The motion is denied. This action has been removed from New York Supreme Court, Bronx County, to federal court and
Plaintiff's counsel has been ordered to appear before the undersigned on December 3, 2024. See Dkt. 11. Any order to show
cause filed in New York Supreme Court has no impact on counsel's ordered appearance before this Court. Counsel for Plaintiff
remains ordered to appear before this Court on December 3, 2024, and further is ordered to file a notice of appearance in this
action by November 27, 2024. If counsel seeks leave to withdraw from representing Plaintiff, counsel must file a motion for the
Court's consideration. Defendants' counsel is directed to provide a copy of this Order to Plaintiff's counsel. The Clerk of Court
is respectfully directed to close Docket Number 12.
SO ORDERED.
Date: November 22, 2024
New York, New York

LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com

149165001.1