Farmer v. Hyde Your Eyes Optical, Inc., 60 F. Supp. 3d 441

This is a wage-and-hour action under FLSA and NY Labor Law, originally filed September 19, 2013, alleging overtime violations and later a wrongful discharge claim.
Plaintiff was represented by counsel, then plaintiffs first counsel moved to withdraw in March 2014 and was granted; thereafter plaintiff proceeded pro se until Zirbes affiliated as counsel in July 2014.
Discovery proved protracted and contentious, with multiple court orders to compel production and delays in plaintiff’s deposition.
Estrella moved to withdraw on October 15, 2014 after terminating affiliation with the prior firm, citing breakdowns in communication and irreconcilable differences.
Zirbes moved to withdraw at the October 17, 2014 hearing, contending irreconcilable differences and plaintiff’s lack of cooperation impeded his ability to represent the case.
The court required both attorneys to file declarations by November 20, 2014 addressing any retained or charging lien and related issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Estrella’s withdrawal is warranted	Estrella’s departure due to firm affiliation change and communication breakdown justify withdrawal.	Withdrawal is appropriate given irreconcilable differences and disruption to representation.	Granted
Whether Zirbes’ withdrawal is warranted	Attorney-client breakdown and plaintiff’s lack of cooperation justify withdrawal.	There is an irreparable breach of trust that warrants withdrawal.	Granted
Whether liens must be addressed and impact on timing	Lien status is unclear and should be clarified.	Lien status must be resolved; the court directed declarations on liens.	Declarations due; liens to be addressed; withdrawals granted

Stair v. Calhoun, 722 F.Supp.2d 258 (E.D.N.Y. 2010) (court may consider potential disruption when granting withdrawal)
Whiting v. Lacara, 187 F.3d 317 (2d Cir. 1999) (withdrawal standards influence on motion timing)