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Assault Libel & Slander | Florida Southern
Order on Expedited Motion Order on Motion to Withdraw as Attorney
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Expedited Motion to Continue Trial. 235 . Therein, Defendant requests that trial be continued until at least thirty (30) days after the Court has ruled on outstanding motions, including motions for summary judgment and in limine. Id. at 1. Defendant argues that the Court's rulings on the outstanding motions, including Magistrate Judge Marty Fulgueira Elfenbein's Report and Recommendation recommending that Defendant's Answer and Affirmative Defenses be stricken, will provide clarity as to the issues that will be tried during trial in this case. Id. at 1-3. The Court agrees that the Parties are not yet ready for trial. Accordingly, UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Continue 235 is GRANTED IN PART. Trial in this case is hereby continued to the two-week period starting December 14, 2026, at 9:00 AM in the Miami Division. Calendar call is continued to December 10, 2026, at 2:00 PM in the Miami Division and the final pretrial conference is continued until December 1, 2026, at 11:00 AM in the Miami Division. Also before the Court is Defendant's Counsel's Partially Unopposed Motion to Withdraw as Counsel For Defendant. 236 . Therein, Wilson Elser Moskowitz Edelman & Dicker, LLP, John Y. Benford, and Christopher W. Lee ("Defendant's Counsel") move for leave to withdraw as Defendant's counsel of record. Id. at 1. Defendant's Counsel states withdrawal is warranted based on the following grounds: Defendant's insistent on repugnant or imprudent action; Defendant's failure to fulfill obligations to Defendant's Counsel; Defendant's conduct has created conditions that have made the representation unreasonably difficult; and irreconcilable differences. Id. at 2. However, Defendant does not consent to Defendant's Counsel's withdrawal and opposes their Motion. Id. at 3. The Court finds that it would be best to adjudicate Defendant's Counsel's desire to withdraw after the Court has made a determination on whether to adopt Magistrate Judge Elfenbein's Report and Recommendation 233 . Accordingly, UPON CONSIDERATION of Defendant's Counsel's Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Counsel's Motion 236 is DENIED WITHOUT PREJUDICE. Defendant's Counsel may refile their Motion after the Court has issued a decision on the Report and Recommendation. Signed by Judge K. Michael Moore on 8/7/2026. (hyn)
Withdraw as Attorney
MOTION to Withdraw as Attorney WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, JOHN Y. BENFORD, AND CHRISTOPHER W. LEES PARTIALLY UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT JACOB BOTACH by JOHN Y. BENFORD; CHRISTOPHER W. LEE for / by Jacob Shmuel Botach. Responses due by 8/19/2026. (Benford, John)
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