Housing Rights Initiative v. Compass, Inc. ( 2024 )

aa UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK a FILED HOUSING RIGHTS INITIATIVE, | DATE EDs □ Plaintiff, 21-CV-2221 (SHS) (BCM) -against- COMPASS, INC., et al., ORDER Defendants. BARBARA MOSES, United States Magistrate Judge. The Court conducted a videoconference today regarding (1) plaintiff's motion to compel defendant Winzone Realty Inc. (Winzone) to respond to plaintiff's discovery demands (Dkt. 741); (11) the motion of attorney Victor Tsai for leave to withdraw as counsel for Winzone (Dkt. 749); and (111) plaintiff's unopposed request for an extension of discovery deadlines (Dkts. 755, 757). A portion of the conference, concerning the withdrawal request, was conducted ex parte, attended only by attorney Tsai and Winzone's owner, Xiao Feng Pan (Ben). Plaintiff's extension motion having been granted (see Dkt. 758), and Winzone having consented, though its owner, to attorney Tsai's withdrawal, the motion to withdraw is GRANTED and the motion to compel discovery is ADJOURNED sine die. Attorney Tsai's withdrawal will be effective once he has served a copy of this Order on Xiao Feng Pan and filed proof of such service on the docket. Counsel did not seek, and the Court does not grant, any charging lien. A corporation "must appear through licensed counsel." Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007). Accordingly, this action is hereby STAYED as against Winzone for 30 days, to permit Winzone to retain new counsel. No later than April 4, 2024, Winzone's new counsel must file a notice of appearance on the docket. Should Winzone fail to appear through new counsel by April 4, 2024, plaintiff may commence default proceedings against it. If Winzone fails to make satisfactory arrangements to comply with its outstanding discovery obligations within seven days (one week) of the appearance of its new counsel, plaintiff may, by letter, place its motion to compel discovery back on the Court's calendar and seek a new conference date. In the event that either Winzone or attorney Tsai requests a transcript of the ex parte portion of today's proceedings, the transcript must be filed under seal at the ex parte level, visible only to defendant Winzone and the Court, pending further order from the Court. Dated: New York, New York SO ORDERED. March 5, 2024 BARBARA MOSES it” United States Magistrate Judge