Joseph Giangrande and Organic Outpost, Inc. d/b/a Joe the Grower & Organic Outpost v. Dutchess County, NY, et al.

Summary

The United States District Court for the Southern District of New York granted Jimmy Miguel Santos’s application to withdraw as counsel after his suspension from practicing law and stayed the action for thirty days to allow the plaintiffs to obtain substitute counsel. The court directed Organic Outpost, Inc. to appear through licensed counsel and directed Joseph Giangrande either to retain counsel or notify the court of his intent to proceed pro se by December 31, 2025, warning that noncompliance could result in dismissal.

Holdings

1. The Court construed Santos's letter as an application to withdraw and granted the application, directing the Clerk to terminate Santos as counsel of record.
2. Organic Outpost, Inc., as a corporation, must appear in federal court through a licensed attorney and may not proceed pro se.
3. Giangrande was required by December 31, 2025, either to retain counsel and have counsel file a notice of appearance or to notify the Court in writing that he intends to proceed pro se and provide his correct current mailing address.

Questions Presented

1. Whether Plaintiffs' counsel's application to withdraw should be granted after counsel's suspension and failure formally to withdraw.
2. Whether the action should be stayed to permit Plaintiffs to obtain substitute counsel and comply with the Court's orders.
3. Whether Organic Outpost, Inc., a corporation, must appear through licensed counsel and may be dismissed if it fails to cure its lack of representation.
4. Whether Joseph Giangrande must retain counsel or notify the Court of his intent to proceed pro se and provide a current mailing address, subject to possible dismissal under Federal Rule of Civil Procedure 41(b).

Disposition

other