DiddyDocket Dispatch
Kelly v. Combs et al.
U.S. District Court, Southern District of New York No. 1:24-cv-08024 Judge Valerie E. Caproni
Oct 13, 2026

Kelly v. Combs: Court Lets Sher Tremonte Withdraw as Combs’s Counsel and Grants a Retaining Lien

S.D.N.Y. · Case No. 1:24-cv-08024 · Memorandum Opinion and Order Filed Oct. 13, 2026

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In the matter of Kelly v. Combs, Case No. 1:24-cv-08024 (S.D.N.Y.), Judge Valerie Caproni has granted a motion by Sher Tremonte LLP to withdraw as counsel for Sean “Diddy” Combs, and has granted the firm a retaining lien over its client’s papers. The court did not set the amount of the lien. The Oct. 13 order directs the clerk to terminate four Sher Tremonte lawyers as Combs’s attorneys of record. (ECF No. 92 at 4.)

Background

Plaintiff Shante Kelly alleges that Combs drugged and raped her at a party in December 2022. She sues under New York City’s Victims of Gender-Motivated Violence Protection Act. (ECF No. 83 at 1.) On Aug. 5, 2026, the court dismissed the claims against the corporate defendants with prejudice and let the claim against Combs go forward. That ruling tested only whether the complaint states a claim, and it accepted the plaintiff’s allegations as true for that purpose. (Id. at 9.) On Aug. 20, the court also terminated Bad Boy Entertainment Holdings, Inc. and Bad Boy Productions Holdings, Inc. as parties. (ECF No. 86.)

The Application

Sher Tremonte moved on Sept. 23, 2026, for leave to withdraw and for a retaining lien under Local Civil Rule 1.4. (ECF No. 92 at 1.) According to the court’s account of the firm’s declaration, the firm gave two reasons. The first is that “Mr. Combs has not paid a substantial balance of attorney’s fees, costs, and expenses.” The second is that its representation “has been rendered unreasonably difficult by Mr. Comb’s lack of cooperation and communications, resulting in a breakdown in the attorney-client relationship.” (Id.)

The order recites further statements from the declaration: that Combs “has not paid Sher Tremonte anything for over six months,” that his last payment covered fees and expenses incurred in late 2025, and that he “has declined to make himself available for timely, substantive, and direct communications about his cases for over four months.” The firm also said it warned Combs, by mail and through his power of attorney, that it would seek to withdraw unless it was paid and he made himself available. (Id. at 1–2.) The motion was served on counsel by ECF and on Combs by email to his power of attorney and by Priority Mail to FCI Fort Dix. The court noted that it “has not received an opposition.” (Id. at 2.)

The Ruling

The court weighed the reasons for withdrawal and the effect on the schedule. It wrote that courts in this circuit have found “satisfactory reasons” in a client’s failure to pay fees and lack of cooperation, and that the Second Circuit has held deliberately disregarding legal fees “may constitute ‘good cause’ to withdraw.” Based on the declaration, it found “that the attorney-client relationship has indeed broken down here sufficient to warrant granting the motion to withdraw.” (Id. at 2–3.)

On timing, the court observed that no motions are pending, discovery “has only just begun,” and it expects discovery to be “narrow in scope and exceedingly discreet.” With nearly four months until fact discovery is scheduled to close, it said, Combs “has ample time to retain new counsel.” The next pretrial conference is set for Feb. 5, 2027. (Id. at 2, 4.) The order terminates Erica A. Wollf, Mark E. Cuccaro, Raphael A. Friedman and Michael Tremonte. It does not name successor counsel. (Id. at 4.)

The Retaining Lien

A retaining lien lets withdrawing counsel keep a client’s pleadings and other documents until the lawyer is paid. The court considered whether the firm withdrew for cause and whether exigent circumstances, such as papers essential to a criminal defense or the client’s indigency, called for releasing the papers. It found the firm entitled to the lien, noting that its withdrawal is for good cause and that “there are no exigent circumstances.” (Id. at 4–5.)

The court did not fix the amount, however, because the firm “has not submitted documentation supporting the total amount that Defendant owes.” It will fix the figure if and when Sher Tremonte submits evidence of what it is owed. (Id. at 5.) Sher Tremonte must serve the order on Combs by email to his power of attorney and by Priority Mail to Fort Dix, and file proof of service. (Id.)

What the Order Does Not Decide

The order accepts the firm’s declaration, which Combs did not oppose. It makes no finding on how much Combs owes or whether he disputes the account. It does not address the merits of Kelly’s claim.

Sources

Source: ECF Nos. 83, 86 and 92 on the Kelly v. Combs docket. The motion (ECF No. 89), declaration (ECF No. 90) and certificate of service (ECF No. 91) are described here only as the court summarizes them.

Diddy Docket reports on public court records. Parties are presumed innocent or not liable unless proven otherwise. This is not legal advice.

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