United States of America v. Schwarzbaum

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 18-cv-81147-BLOOM/REINHART

UNITED STATES OF AMERICA,

Plaintiff,

vs.

ISAC SCHWARZBAUM,

Defendant.

_______________________________________/

REPORT AND RECOMMENDATION REGARDING MOTION TO
WITHDRAW [ECF No. 211]

Defendant, Isac Schwarzbaum’s counsel moves to withdraw. In their Motion,
Counsel say that Defendant has terminated representation and include a current
mailing and email address for future communications with the Defendant.
1
ECF No.
211 at 1. The United States opposes the Motion. ECF No. 216. I have reviewed the
Motion and the Response and for the reasons stated below, I recommend that the
Motion to Withdraw be GRANTED.
I. DISCUSSION
In this District, two rules govern attorney withdrawal: Local Rule 11.1 and
Florida Bar Rule 4-1.16. Rule 4-1.16 says a lawyer must terminate representation

1
Counsel filed a Notice of Withdrawal which I have liberally construed to be a Motion
to Withdraw.
Case 9:18-cv-81147-BB Document 217 Entered on FLSD Docket 06/10/2025 Page 1 of 3

2
(with permission of a tribunal) when the lawyer is discharged. Fla. B. R. 4-1.16(a)(3),
(c). Local Rule 11.1 permits an attorney to withdraw by leave of court after notice
served on the attorney’s client and opposing counsel and requires a motion to
withdraw to include a current mailing address for the client. L.R. 11.1(d)(3)(A).
In their Motion, Counsel say that Defendant has discharged them and include
Defendant’s current mailing address. ECF No. 211. Counsel also served the Plaintiff
and the Defendant with copies of their Motion. Id. at 3. I find the Motion complies
with the rules governing attorney withdrawal.
The Government opposes the Motion. It says Defense counsel has not
demonstrated good cause to grant the withdrawal request given the pending
sanctions and post-judgment discovery issues. ECF No. 216 at 5. The Government
argues it will be prejudiced because without defense counsel in the case, it will have
no avenue of communication with the Defendant. Id. at 6. In support, the Government
cites to nonbinding cases where other districts denied motions to withdraw. In those
cases, other Districts exercised their discretion not to permit attorneys to withdraw
where the court would be left without the “possibility of effective communication with
the defendant as well as without a reliable mechanism for responsible supervision of
the post-judgment aspects of [the] litigation.” Denton v. Suter, No. 3:11-CV-2559-N,
2013 WL 5477155 (N.D. Tex. Oct. 2, 2013). Here, Defense counsel included both a
mailing address and an email address to reach the Defendant. The Government has
not shown why these addresses are inadequate for effective communication with the
Defendant.
Case 9:18-cv-81147-BB Document 217 Entered on FLSD Docket 06/10/2025 Page 2 of 3

3
REPORT AND RECOMMENDATION
Accordingly, this Court RECOMMENDS that the District Court GRANT the
Motion to Withdraw as Counsel.
NOTICE OF RIGHT TO OBJECT
A party shall serve and file written objections, if any, to this Report and
Recommendation with the Honorable Beth Bloom, United States District Court
Judge for the Southern District of Florida, within FOURTEEN (14) DAYS of being
served with a copy of this Report and Recommendation. Failure to timely file
objections shall constitute a waiver of a party's "right to challenge on appeal the
district court’s order based on unobjected-to factual and legal conclusions." 11th Cir.
R. 3-1 (2016).
If counsel do not intend to file objections, they shall file a notice
advising the District Court within FIVE DAYS of this Report and
Recommendation.
DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach
County, in the Southern District of Florida, this 10th day of June 2025.

__________________________________
BRUCE E. REINHART
UNITED STATES MAGISTRATE JUDGE

Case 9:18-cv-81147-BB Document 217 Entered on FLSD Docket 06/10/2025 Page 3 of 3