Magistrate Judge Cheryl Pollak
Schindler represented Haggar International in its Nov. 17, 2003, trademark action against United. On Nov. 28, 2012, the court ruled in Haggar's favor on its federal claims. On Jan. 4, the court granted Haggar's Sept. 20, 2012, motion to allow Schindler's withdrawal as counsel. It also stayed Schindler's Jan. 2, 2013, motion for a charging lien pending a determination as to Haggar's damages. Distinguishing Butler, Fitzgerald & Potter v. Sequa Corp. and Misek-Falkoff v. Int'l Bus. Machines, district court denied—without prejudice—Schindler's motion to reconsider its order staying consideration of his motion for a charging lien. The court had stayed Schindler's motion so as to permit the parties to focus on central issues concerning the nature and extent of relief to be awarded and whether further discovery was appropriate. It determined that Schindler did not present any information reducing its concerns that to require Haggar's remaining counsel to address the lien issue would divert attention from the merits of Haggar's case. The Butler court did not address whether district court was required to fix the amount of a charging lien at a particular stage of litigation.
