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IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CV-22318-KMW

KANAYO DERHEM and MOJTABA E. 

KOOSEJ,

Plaintiffs,

v.

BAY HOUSE MIAMI CONDOMINIUM

ASSOCIATION, CHARLES BRUMSTEAD,

JR., SEAN ZAHNISER, MIKE DESIMONE,

JAMES PINKERT, JOSHUA PAUL, 

ALEJANDRO ENRIQUE UTRERA BADENES,

JONATHAN FERREIRA, K W PROPERTY

MANAGEMENT, LLC and JOSE VIDAL,

Defendants.

________________________________________/

MOTION OF ATTORNEYS ROGER SCHINDLER ESQ. AND SIMON, SCHINDLER & 

SANDBERG, LLP TO WITHDRAW AS COUNSEL AND FOR CONTINUANCE OF 

PENDING DEADLINES.

Roger Schindler, Esq. and the firm of Simon, Schindler & Sandberg, LLP move to 

withdraw as counsel for Plaintiffs Kanayo Derhem and Mojtaba E. Koosej. This motion is made 

pursuant to Local Rule 11.1(d)(3). Filed in conjunction with this motion is an ex parte Declaration 

of Roger Schindler, Esq. explaining in detail the reasons supporting this motion to withdraw. The 

declaration is being filed ex parte to protect attorney/client confidences. In support of this motion, 

Movants would show unto this Court the following:

1. At the present time this matter is not set for trial. 

2. Pursuant to this Court’s paperless order of October 4, 2022, [ECF 260] presently 

pending is the submittal of a Joint Pre-trial Stipulation, including witness and exhibit 

Case 1:20-cv-22318-KMW Document 270 Entered on FLSD Docket 10/19/2022 Page 1 of 4
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lists and proposed jury instructions and verdict form. This filing is due on November

14, 2022. [ECF 260].

3. While other dispositive motions remain pending, those motions have been fully briefed 

by all parties.

4. Movants would request that this Court, should this motion to withdraw be granted, 

extend the deadline for the filings identified above to permit new counsel time to 

comply with the pretrial requirements. In conjunction therewith Plaintiffs should be 

afforded a reasonable amount of time to retain new counsel going forward in this 

matter.

5. Appended to this motion is the ex parte declaration of Roger Schindler, Esq. addressing 

issues pertinent to this Motion to Withdraw.

6. Appended hereto is a proposed order granting the Motion to Withdraw.

7. The current addresses and contact information for each plaintiff is set forth in the 

Certificate of Service. Both Plaintiffs will be kept fully advised of the filing of this 

motion and of any events/hearings or status of the motion until ruled upon.

WHEREFORE, the Movants Roger Schindler, Esq. and Simon, Schindler & Sandberg, 

LLP move this Court for entry of an Order granting this Motion to Withdraw.

CERTIFICATE OF CONSULTATION

Undersigned counsel has consulted with counsel whose clients would be affected by the 

granting of the relief sought in this motion and have been advised that opposing counsel oppose 

the relief sought in this motion.

By: /s/ Roger Schindler 

ROGER J. SCHINDLER, ESQUIRE

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Florida Bar No. 124726

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served via CM/ECF 

filing in the Court’s eportal on October 18, 2022 on all counsel of record on the Service List 

below. Copies of the motion with attachments will be filed

SIMON, SCHINDLER & SANDBERG LLP

Attorneys for Plaintiffs

 2650 Biscayne Boulevard

Miami, FL 33137

Tel: (305) 576 1300

Fax: (305) 576 1331

Email: Rschindler@miami-law.net

rjsassist@miami-law.net

By:__ ROGER J. SCHINDLER 

ROGER J. SCHINDLER, ESQUIRE

Florida Bar No. 124726

SERVICE LIST

Daniel Ezra Davis

ddavis@florida-law.com

Evelyn Greenstone Kammet

egreenstone@florida-law.com

Vernis, Bowling of Miami, P.A.

1680 NE 135th Street

Miami, FL 33181

Counsel for Defendants BHMCA, Sean 

Zahniser, James Pinkert, Alejandro Enrique,

Uterera Badenes and Joshua Paul

Craig J. Shankman

William Thomas Leveille, II

Boyd Richards Parker & Colonnelli, P.L.

100 SE 2nd Street, Suite 2600

Miami, FL 33131

cshankman@boydlawgroup.com

wleveille@boydlawgroup.com

Counsel for Charles Brumsted, Jr.

Jean Anne Hanrahan

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Marshall Dennehey Warner Coleman

& Goggin, P.C.

100 N.E. 3rd Avenue, Suite 1100

Fort Lauderdale, FL 33301

jahanrahan@mdwcg.com

Counsel for Defendants KW Property 

Management, LLC, Jose Vidal, and

Jose Ferreira

Kanayo Derhem, Plaintiff

600 N.E. 27th Street, Apt 2605

Miami, Florida 33137

Kho.derhem@gmail.com

Mojtaba E. Koosej

mkoosej@gmail.com

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