Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-00383-WIG Document 68 Filed 02/12/2004 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
WASLEY PRODUCTS, INCORPORATED, ) CIVIL ACTION NO.: 3:03CV3 83 (DJ S)
ET AL. )
)
vs. )
)
BARRY LEONARD BULAKITES, ET AL. ) FEBRUARY l2, 2004
PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO
MOTION FOR LEAVE TO WITHDRAW APPEARANCE
The Plaintiffs hereby obj ect to the Motion For Leave To Withdraw Appearance (the
"Motion to Withdraw”) filed by Reid and Riege, P.C. ("R&R")2. Evidently, the claimed basis
for the Motion to Withdraw has been set forth in a memorandum of law, which, under separate
motion, R&R seeks to file under seal. Thus, the Plaintiffs have been provided no basis or
explanation whatsoever for R&R’s Motion to Withdraw. In the absence of any basis or
explanation for R&R’s withdrawal, the Plaintiffs obj ect.
According to Rule 7(e) of the Local Rules of Civil Procedure, withdrawal of appearances
"normally shall not be granted except upon a showing that other counsel has appeared or that the
ORAL ARGUMENT REQUESTED
2 Reid and Riege, P.C. appears to have been misidentified as the movant; attorneys Maurice T. FitzMaurice and
Peter Rydel, rather than the law firm of Reid and Riege, P.C., filed Appearances on behalf of the Defendants Barry
Leonard Bulakites (“Bulakites"), James Albert Winslow ("Winslow") and Joshua Adams Corporation ("JAC")
(collectively, the "Bulakites Defendants").
COHN BIRNBAUM & SHEA RC. •ATTORNE‘/S AT LAW • 100 PEARL STREET • HARTFORD, CT 06103-4500 • (860) 493-2200 • JURIS NO. 10163 `

Case 3:03-cv-00383-WIG Document 68 Filed 02/12/2004 Page 2 of 4
party has elected to proceed pro se .... " In cases where the party fails to engage other counsel or
to file a pro se appearance, the Court may grant the motion to withdraw only upon a showing of
4 "good cause." L. Civ. R. 7(e). In its Motion to Withdraw, R&R gives no indication that
substitute counsel will appear on behalf of the Bulakites Defendants or that the individual
defendants, Bulakites and Winslow, have elected to proceed pro se. It seems unlikely that R&R
intends to suggest that this particular information regarding substitute counsel is privileged and
should only be disclosed under seal. The Plaintiffs should be provided with a meaningful
opportunity to object to the Motion to Withdraw. Unless information regarding substitute
counsel along with a full explanation for the withdrawal is provided to the Plaintiffs, the Motion
to Withdraw should be denied.
Ultimately, it is the Plaintiffs who will be prejudiced if the attorneys representing the
W Bulakites Defendants are permitted to withdraw their Appearances. This matter has been
pending since March, 2003. The Bulakites Defendants are well aware that the Plaintiffs are
under severe financial pressure, in part, as a consequence of the misappropriation of pension
funds, which are the subject of this litigation. In addition, the Bulakites Defendants know well
that with each passing month, that financial pressure on the Plaintiffs is exacerbated. If the
attorneys for the Bulakites Defendants are permitted to withdraw at this juncture, without the
immediate appearance of substitute counsel, further progress in this case will be impeded,
leaving little possibility of now moving toward an expeditious resolution.
COHN BIRNBAUM & SHEA RC. 'ATTORNEYS AT LAW • 100 PEARL STREET • HARTFORD, CT 06103-4500 • (860) 4932200 • JUFUS NO. lOl€3

Case 3:03-cv-00383-WIG Document 68 Filed 02/12/2004 Page 3 of 4
Thus, in the absence of an immediate appearance by substitute counsel for the Bulakites
Defendants, or the demonstration of good cause by R&R, the Motion to Withdraw should be
denied.
WASLEY PRODUCTS, INCORPORATED
and PRECISION MOLDING COMPANY, INC.,
THE PLAINTIFFS
l By:/s/ Mag E. R. Bartholic
Mary E.R. Bzutholic (ctl7518)
Cohn Birnbaum & Shea P.C.
100 Pearl Street
Hartford, Connecticut 06103
Telephone: 860/493-2200
Facsimile: 860/727-0361
Email: [email protected]
3
COHN BIRNBAUM & SHEA RC. •ATTORNEYS AT LAW • 100 PEARL STREET • HARTFORD, CT 06103-4500 • (860) 493-2200 • JURTS NO. 10163

Case 3:03-cv-00383-WIG Document 68 Filed 02/12/2004 Page 4 of 4
- CERTIFICATION
I hereby certify that on February 12, 2004, true copies of the foregoing Memorandum in
Opposition to Motion For Leave to Withdraw Appearance were sent by First Class mail, postage
prepaid, to:
Maurice T. FitzMaurice, Esq.
Peter K. Rydel, Esq.
Reid & Riege, P.C.
One Financial Plaza
Hartford, CT 06103-3185
Deborah S. Freeman, Esq.
Bryan D. Short, Esq.
Bingham McCutchen LLP
One State Street
Hartford, CT 06103-3178
Eric L. Sussman, Esq.
` Albert Zakarian, Esq.
Victoria Woodin Chavey, Esq.
Day, Berry & Howard
CityPlace
Hartford, CT 06103-3499
/s/ Mag; E.R. Bartholic
Mary E.R. Bartholic
MERB/122613 67783.009
4
COHN BIRNBAUM & SHEA RC. • ATTORNEYS AT LAW • 100 PEARL STREET • HARTFORD, CT 06103-4500 • (860) 493-2200 • JURIS NO. 10163