| Woman Sued
Con Ed But Lawyer on Contingency Is
Granted Withdrawal In SDNY
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Jan 13 – Emily Penzo sued Con
Edison for discrimination
against her on health grounds,
and retaliation when she
complained.
Then her lawyer
moved to withdraw - and got it
granted.
On January
12 U.S. District Court for the
Southern District of New York
Judge Mary Kay Vyskocil held a
proceeding. Inner City Press
covered it.
The lawyer, Laine
Armstrong, complained about
Penzo not assisting or
agreeing, noting that a contingency
retainer agreement had been
signed.
Penzo said she
had been shocked by the motion
to withdraw, and that the
entry of a lien will make it
more difficult for her to get
another lawyer. Judge Vyskocil
asked why Penzo had not spoken
with Armstrong in two weeks.
Con Ed's
lawyer said he is on vacation,
so the delay is without
objection.
Now on
January 13, this: "ORDER
GRANTING MOTION TO WITHDRAW
granting [45] MOTION for Laine
Alida Armstrong to Withdraw as
Attorney. Based on the
foregoing, the Court GRANTS
AFJ-CA's motion to withdraw,
including a finding that
AFJ-CA is entitled to a
charging lien, but reserves
decision on the amount of the
charging lien. IT IS HEREBY
ORDERED that AFJ-CA shall, in
good faith, turn over
Plaintiffs case files to
Plaintiff, substitute counsel,
or both. IT IS FURTHER ORDERED
that Plaintiff shall file a
letter on or before February
12, 2021, advising the Court
whether she has retained
substitute counsel or whether
she will proceed pro se. IT IS
FURTHER ORDERED that Defendant
should be prepared to file its
pre-motion letter and draft
Local Rule 56.1 Statement in
connection with its
anticipated motion for summary
judgment on or before February
19, 2021. The Court will set
deadlines and schedule a
post-discovery/pre-motion
conference upon receiving
Plaintiff's letter. Failure to
comply with this Order and the
deadline herein may result in
sanctions, including the
preclusion or dismissal of
claims."
The case is Penzo
v. Consolidated Edison Company
of New York, Inc., 19-cv-7478
(Vyskocil)
***
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