It appears that the following things have happened:
Ms. Camilleri filed suit against Zales in New York State Court.
Zales removed the case to federal court.
Ms. Camilleri’s attorney withdrew from the case on the ground that he was not admitted to practice in federal court.
Ms. Camilleri was unable to find an attorney willing to take her case.
The case was dismissed for lack of prosecution.
You can see the docket on PACER, it’s case number 12 cv 3298 in the Southern District.
Of course, one can ask why Ms. Camilleri was unable to find a new attorney if the case against Zale’s was so overwhelming. There are a lot of possible answers to this question which are consistent with Ms. Camilleri having a strong case, but I remain skeptical about the case.
Admission to the bar in federal court – once you’re admitted in the corresponding state – is typically simply paying a fee and taking the oath. In other words, there is usually no real barrier there.
I do seem to recall that there were federal districts that had their own exams at one time, but my last recollection is that those types of requirements were invalidated, except to the extent that they involved mandatory training in admin tasks like how to use the electronic filing system.
I say all this as preface for the wry observation that withdrawing because you’re not admitted to the federal bar is…unusual.
Yes, good point. Also, the case was started without a complaint. Which is permissible in New York, but the circumstances suggest that the attorney was trying to hustle a quick settlement and threw in the towel when it became clear that the Defendant was going to fight.
My guess is that this lady went to a lot of different contingent fee attorneys who have learned from painful experience that you don’t automatically believe anyone who walks in the door.
Well the lawsuit against them, MAJOR or not, seems to have fizzled out.
I checked on the SDNY web site; the requirements are to complete a form; have a sponsor complete a form (for an attorney practicing more than a few years this should be no problem); pay a $200 fee; and show up at the White Plains courthouse to take an oath.
Interesting that her attorney did not want to jump through these minor hoops in order to get the exposure and fees which would come from a “MAJOR” lawsuit.
Almost exactly what the requirements are to be admitted to the ED Virginia: fill out the form, get a sponsor (an attorney already admitted to the court), pay a small fee, and show up for the oath, which is done en masse every week, no appointment needed.
Yes. This was an attempt to withdraw with some kind of face-saving intact.
It’s also unusual that an attorney who practices employment law would not be admitted in the federal court for his state, since there are so many federal statutes affecting employment.
Another related possibility is that the attorney never seriously intended to prosecute the case. In the state court system in New York, the parties can exchange pleadings and then let the case sit for years or even decades with nothing happening.