BECK & LEE trial lawyers miami 8306 Mills Drive, #248 Miami, Florida 33183 TEL: 305-234-2060 FAX: 786-664-3334 www.beckandlee.com March 9, 2022 Via CMECF Honorable J. Paul Oetken United States District Court Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: ‘Valery v. Wells Fargo & Company et. al., Case No. 1:21-cv-05464-JPO (S.D.N.Y.) Dear Judge Oetken: My firm is counsel for Ernst Valery, Plaintiff in the above-referenced matter. I write to provide this joint letter to apprise the Court of certain matters subject to the Court’s scheduling order entered February 25, 2022. See ECF No. 85. First, Plaintiff has elected to withdraw his Motion to Disqualify McGuireWoods, LLP as Counsel for Defendants Wells Fargo & Company and Wells Fargo Bank, N.A. (“Motion to Disqualify”) [ECF No. 10] at this time. As previously conveyed to Defendants’ counsel, it is not Plaintiff's intention to back away from or otherwise waive the issues presented in his motion but he believes, in the interest of judicial economy, that they are best adjudicated in Ernst Valery Investments Corp. et al. v. McGuireWoods LLP, Case No. 24-C-21-00594 (Md. Cir. Ct.), which is currently pending in Maryland state court with trial scheduled to begin on January 9, 2023. Accordingly, Plaintiff requests that the Motion to Disqualify previously filed in the Northern District of California and now pending in this Court be denied without prejudice. See, e.g., Harris v. Butler, 861 F. Supp. 61, 62, 64 (S.D.N.Y. 1997) (granting plaintiff's request to withdraw motion for attorney’s fees by denying it without prejudice). Wells Fargo does not object to Plaintiffs election to withdraw his Motion to Disqualify and takes no position regarding Plaintiffs reasons for withdrawing tt. Granted. Plaintiff's motion to disqualify Verv truly vours (ECF #10) is denied without prejudice. yuuy y ° So ordered: 3/11/2022 /s/ Jared H. Beck Jared H. Beck, Esq. Admitted pro hac vice -mail) J. PAUL OETKEN United States District Judge