UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
December 20, 1974
SECURITIES AND EXCHANGE COMMISSION et al., Plaintiffs,
INTERNATIONAL SCANNING DEVICES, INC., et al., Defendants
The opinion of the court was delivered by: CURTIN
CURTIN, Chief Judge.
The law firm of Kavinoky, Cook, Hepp, Sandler, Gardner and Wisbaum, counsel for Louis P. Mirando, International Scanning Devices, Inc. and Columbia Security and Transfer, Inc., has moved to withdraw from the instant lawsuit. The application is denied.
In this complex litigation counsel have repeatedly recognized that preparation as well as the trial itself would take some time.
Further, the court agrees with the statement of the receiver, Mr. Gardner, that "counsel for the defendants have entered upon the representation of the defendants herein with full opportunity to be conscious of the complexity of the case being undertaken." Counsel also should have been on notice when the application of Robert Casey to withdraw as counsel for International Chemical Development Corporation was denied.
There have been several trial dates set in this case: September 10, 1974, September 24, 1974 and January 7, 1975. The present application was first heard on December 4, 1974. The court agrees with the Commission that "the public interest mandates that no further delay occur."
Permission for Kavinoky, Cook, Hepp, Sandler, Gardner and Wisbaum to withdraw as counsel in this action is denied. See SEC v. G. M. Stanley & Co., Inc., (72 Civ. 3017, SDNY 1973); A.B.A. Canons, Dr. 2-110. The trial shall take place as scheduled on January 7, 1975.