Motion to Withdraw as Counsel for Named Plaintiff

Summary

A Motion to Withdraw as Counsel for Named Plaintiff (Document 560) in In re: January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA, U.S. District Court for the Southern District of Florida, entered on the FLSD docket May 23, 2023 and relating to Austin Schaff v. Robinhood Markets, Inc., et al., Case No: 1:21-cv-21264-CMA. Pursuant to Local Rule 7.1 and 11.1(d)(3)(A), the Law Firm of Wenzel Fenton Cabassa, P.A. and Brandon J. Hill, Luis A. Cabassa and Amanda E. Heystek move to withdraw as counsel for Named Plaintiff Austin Schaff, citing Rule 4-1.16(b) of the Rules Regulating the Florida Bar and stating that professional considerations require termination of the representation. The three-page motion carries a certificate of service dated May 23, 2023 signed by Brandon J. Hill.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Case No.:  21-2989-MDL-ALTONAGA/Torres

In re:

JANUARY 2021 SHORT SQUEEZE
TRADING LITIGATION

____________________________________/

This Document Relates to:

Austin Schaff v. Robinhood Markets, Inc., et al.
Case No: 1:21-cv-21264-CMA
____________________________________/

MOTION TO WITHDRAW AS COUNSEL FOR NAMED PLAINTIFF

Pursuant to Local Rule 7.1 and 11.1 (d)(3)(A), the Law Firm of Wenzel Fenton Cabassa,
P.A. and Brandon J. Hill, Luis A. Cabassa, and Amanda E. Heystek, (collectively “WFC
Attorneys”), hereby file this motion to withdraw as counsel for Named Plaintiff, Austin Schaff
(“Mr. Schaff”), in this action.  The undersigned was retained by Mr. Schaff to represent him in the
above-styled case.  However, as explained below, WFC now respectfully moves to withdraw.  In
support thereof, WFC states as follows:
SUPPORTING FACTS

1.
Rule 4-1.16(b), Rules Regulating the Florida Bar, states that a lawyer may withdraw
from representing a client if withdrawal can be accomplished without material adverse effect on
the interests of the client, or if the client insists on pursuing an objective that the lawyer considers
repugnant or imprudent, or if the representation will result in an unreasonable financial burden on
the lawyer or has been rendered unreasonably difficult by the client, or if other good cause for
withdrawal exists.
2.
The comments to Rule 4-1.16 state that “The court may request an explanation for
the withdrawal, while the lawyer may be bound to keep confidential the facts that would constitute
Case 1:21-md-02989-CMA   Document 560   Entered on FLSD Docket 05/23/2023   Page 1 of 3

2

such an explanation.  The lawyer's statement that professional considerations require termination
of the representation ordinarily should be accepted as sufficient.”
3.
Professional considerations require termination of the representation in this case.
Plaintiff does not object to the withdrawal of the undersigned counsel.
4.
Good cause for withdrawal exists, as the Court dismissed the instant Class Action
through the Court’s Order, entered January 26, 2022.  A Notice of Appeal was subsequently filed.
5.
Moreover, withdrawal can be accomplished without material adverse effect on the
interests of the aforementioned Named Plaintiff, Mr. Schaff.

6.
Because the Rules Regulating the Florida Bar anticipate that the undersigned
counsel may withdraw under the circumstances presented by the facts in this case, and because the
aforementioned Named Plaintiff, Mr. Schaff, will not be prejudiced by the withdrawal of the
undersigned counsel, the undersigned counsel respectfully requests that this Court permit the WFC
Attorneys to withdraw from representing the aforementioned Named Plaintiff, Mr. Schaff, in this
case.
7.
Austin Schaff’s most recent contact information is 225 2nd St NW, Apt. 1203,
Canton, Ohio 44702.

WHEREFORE, for the reasons set forth herein, the undersigned counsel respectfully
requests that this Court permit them to withdraw from this case.

Case 1:21-md-02989-CMA   Document 560   Entered on FLSD Docket 05/23/2023   Page 2 of 3

3

Dated this 23rd day of May, 2023

Respectfully submitted,

 / s / Brandon J. Hill

BRANDON J. HILL
Florida Bar Number: 37061
Direct No.: 813-337-7992
LUIS A. CABASSA
Florida Bar Number: 0053643
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, Florida 33602
Main No.: 813-224-0431
Facsimile: 813-229-8712
Email: bhill@wfclaw.com
ATTORNEYS FOR NAMED PLAINTIFF

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 23rd day of May, 2023 I electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system, which will send a notice of
electronic filing to all counsel of record.

/ s / Brandon J. Hill

BRANDON J. HILL

Case 1:21-md-02989-CMA   Document 560   Entered on FLSD Docket 05/23/2023   Page 3 of 3

File and source

File

gov.uscourts.flsd.590042.560.0.pdf

Size

554,589 bytes

SHA-256

93b93f6fe024bfc24283d3566641dc35542a402fcac12045e03f07f65c086e3a

Our copy

gov.uscourts.flsd.590042.560.0.pdf

Original

archive.org