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FONTAINE v. RYAN

April 7, 1994

KIMBERLY FONTAINE, Plaintiff,
v.
KIMBERLY RYAN, STEPHEN SPROUSE, STEPHEN SPROUSE STUDIOUS, INC., PINKERTON'S, INC., BIANKA BERNIC, JED RICHARDSON and KEEBLE CAVACO & DUKA, INC., Defendants.



The opinion of the court was delivered by: VINCENT L. BRODERICK

 VINCENT L. BRODERICK, U.S.D.J.

 I

 This case, in which jurisdiction is based on diversity of citizenship, involves an altercation at a party in the course of which the defendant Kimberly Ryan ("Ryan") allegedly injured the plaintiff by throwing a wine glass. In addition to Ryan, plaintiff sued the sponsor of the party, Pinkerton's, Inc. ("Pinkerton's") (which had been retained to provide security at the affair); and other defendants.

 Summary judgment was granted by memorandum order dated December 13, 1993, adopting a Report and Recommendation of United States Magistrate Judge Leonard Bernikow of September 2, 1993 and dismissing the case as to all defendants other than Ms. Ryan. *fn1"

 Plaintiff's counsel Stuart R. Shaw, Esq. ("Shaw"), filed an unsigned motion dated December 17, 1993 seeking:

 
(a) to withdraw his appearance as counsel;
 
(b) for an order granting him a lien on:
 
(i) plaintiff's case file held by Shaw, and
 
(ii) proceeds of any settlement or judgment;

 (d) staying the action until new counsel, or a pro se appearance by plaintiff, is arranged for. *fn2"

 Shaw's motions are denied with the following provisos:

 (1) Denial of his motion to withdraw his appearance as counsel for plaintiff is without prejudice to its renewal upon consent of plaintiff or substitution ...


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