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Assault Libel & Slander | Florida Southern
Order on Motion to Withdraw as Attorney Order on Motion to Continue
PAPERLESS ORDER. THIS CAUSE came before the Court upon Wilson Elser Moskowitz Edelman & Dicker, LLP, John Y. Benford, and Christopher W. Lee's (together, the "Withdrawing Attorneys") Second Partially Unopposed Motion to Withdraw as Counsel for Defendant ("Withdrawal Motion") (ECF No. 248) and Defendant's Motion to Continue Trial and Associated Pretrial Dates for Good Cause ("Continuance Motion") (ECF No. 250). In the Withdrawal Motion, the Withdrawing Attorneys request leave of the Court to withdraw as counsel of record for Defendant, citing a conflict of interest. (ECF No. 248) at 2. The Withdrawing Attorneys also re-raise concerns they cited in their first motion to withdraw, including but not limited to irreconcilable differences and the fact that their client "demands courses of action that conflict with [the Withdrawing Attorneys'] professional judgment and ethical obligations." Id.; see (ECF No. 236) at 2. The Withdrawing Attorneys note that Defendant has recently retained new attorneys, protecting him from prejudice. (ECF No. 248) at 2-3. Defendant does not object to the Withdrawal Motion. See (ECF No. 252). Plaintiff objects to the Withdrawal Motion only in as much as the withdrawal "should not constitute a basis to continue the trial." (ECF No. 256) at 1. In his Continuance Motion, Defendant asks that trial in this matter be continued from December 14, 2026, to the Court's next available trial period, because "Defendant's newly retained lead trial counsel is unavailable during most of the current trial period due to a preexisting, prepaid family commitment arranged and contracted for before counsel or his firm became involved in this case." (ECF No. 250) at 1, 4. Defendant argues that the conflict cannot be avoided by assigning trial responsibility to his other attorneys, because the other attorneys he has retained are either seeking to withdraw or are intended only to assist the lead trial counsel at trial. Id. at 5. Defendant further argues that his new trial counsel's transition is substantial given the extensive history of this case, including extensive discovery and pending dispositive and other pretrial motions. Id. Plaintiff opposes the Continuance Motion, arguing that it is an effort by Defendant to derail this litigation. See (ECF No. 254) at 2. The Court finds that the Withdrawing Attorneys may withdraw without prejudicing Defendant or unduly delaying trial. In service of not unnecessarily delaying trial, the Court also finds that a continuance is not warranted at this time. Defendant's lead trial counsel may re-raise his timing and scheduling concerns with the Court at the Final Pretrial Conference and Calendar Call, both of which are scheduled to take place before his preplanned vacation. Accordingly, UPON CONSIDERATION of the Withdrawal Motion, the Continuance Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that the Withdrawal Motion is GRANTED and the Continuance Motion is DENIED WITHOUT PREJUDICE. Wilson Elser Moskowitz Edelman & Dicker, LLP, John Y. Benford, and Christopher W. Lee are relieved of all further responsibilities related to this action. The Clerk of Court is INSTRUCTED to REMOVE Wilson Elser Moskowitz Edelman & Dicker, LLP, John Y. Benford, and Christopher W. Lee as counsel of record. Signed by Judge K. Michael Moore on 9/10/2026. (hyn)
Response to Motion
RESPONSE to Motion re 248 Second MOTION to Withdraw as Attorney WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, JOHN Y. BENFORD, AND CHRISTOPHER W. LEES SECOND PARTIALLY UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT JACOB BOTACH by JOHN Y. BENFORD; CHRISTOPHER filed by Fontainebleau Florida Hotel, LLC. Replies due by 9/16/2026. (Burstyn, Sean)
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