A federal judge in Manhattan on Tuesday allowed one of the lawyers representing a former Davis Polk & Wardwell associate who has sued the firm for racial discrimination to withdraw from the case.

The decision from U.S. District Judge Gregory Woods of the Southern District of New York comes in the wake of dueling filings over Davis Polk's request to dismiss most of the lawsuit filed by Kaloma Cardwell. Davis Polk is asserting that a portion of Cardwell's claims are either time-barred or don't pass muster. Woods gave no indication of when he would rule on the firm's motion during a half hour-long conference call Tuesday afternoon.

Instead, Woods' remarks were almost entirely focused on Martin Restituyo's request to quit representing Cardwell due to irreconcilable differences over legal strategy, and alleging Cardwell hasn't been paying legal fees. David Jeffries, Restituyo's now-former co-counsel in the case, said Cardwell also wished to terminate the relationship.

"The deterioration of the attorney-client relationship is enough to grant it," Woods said.

Restituyo alleged Cardwell hasn't paid any other legal fees outside of his retainer in November 2018. But Jeffries took issue with Restituyo's remarks about legal fees, saying that "from the standpoint of confronting the public record, I would simply state there would be more backstory."

Restituyo and Jeffries did not elaborate on the disagreements further, and did not respond to requests for comment as of press time. Woods said he had "no basis to do anything" but accept Restituyo's sworn statements, which was also adequate to support ending his representation of Cardwell.

Davis Polk had no objection to Restituyo's motion to withdraw from the case, but Bruce Birenboim, a Paul, Weiss, Rifkind, Wharton & Garrison partner representing the firm, said they were having discovery issues with Cardwell and questioned whether those issues played a role in Restituyo's withdrawal.

"There has been a complete failure on plaintiffs' part to participate in discovery, which is not ripe for today—I think it will be soon—but that may or may not be a reason for counsel's application," Birenboim said.

Woods urged the parties to be mindful of the discovery deadlines in the case—which are set for September and December—and told them to bring their disputes to him promptly.

Despite his withdrawal from the case, Restituyo indicated to Woods this wouldn't be the end of his relationship with Jeffries, whom he called a brother. Jeffries, a former prosecutor, is an of counsel to Restituyo's firm, the Law Offices of Martin E. Restituyo.

Davis Polk did not respond to a request for comment as of press time.

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