Combs v. Burgess: Sher Tremonte Moves to Withdraw as Combs’s Counsel

In the matter of Combs v. Burgess, et al., No. 1:25-cv-00650 (JPC) (S.D.N.Y.), Sher Tremonte LLP, counsel of record for Sean “Diddy” Combs, has filed a motion and a supporting declaration asking United States District Judge John P. Cronan for leave to withdraw as his counsel. The firm also seeks a retaining lien, a law firm’s right to keep a client’s case files until its fees are paid. (ECF Nos. 124, 125.)

Background

Combs sued Nexstar Media Inc., Ariel Mitchell and Courtney Burgess on Jan. 22, 2025 (ECF No. 1). The Amended Complaint (ECF No. 61) asserts a single cause of action for defamation and alleges that Burgess falsely claimed to possess video recordings of Combs sexually assaulting others, that Mitchell, an attorney who represented Burgess, vouched for those claims, and that Nexstar amplified them in broadcasts on its NewsNation channel. (ECF No. 122 at 1–2.) On Sept. 4, 2026, Judge Cronan granted Nexstar’s motion to dismiss in part and denied it in part, and denied Mitchell’s motion in its entirety. Burgess “has failed to appear in this action.” (Id. at 2, 26.)

Grounds for Withdrawal

Michael Tremonte, a partner at the firm, writes that the firm seeks to be relieved under Local Civil Rule 1.4, which requires a lawyer who has appeared in a case to obtain the court’s permission before withdrawing, and Rule 1.16(c)(5) and (7) of the New York Rules of Professional Conduct. The declaration gives two reasons: “(1) Mr. Combs has not paid a substantial balance of attorney’s fees, costs, and expenses; and (2) Sher Tremonte’s representation has been rendered unreasonably difficult by Mr. Combs’s lack of cooperation and communication, resulting in a breakdown in the attorney-client relationship.” (ECF No. 125 ¶ 3.)

Unpaid Fees

The declaration states that “Mr. Combs has not paid Sher Tremonte anything for over six months and his last payment related to fees and expenses that were incurred in late 2025,” and that “a substantial portion of the total overdue balance consists of invoices that are over 90 days in arrears.” (Id. ¶ 6.) It states no dollar amount. It reasons that, given “the volume of work across this and numerous other cases, the magnitude of the past due balances, and the absence of any payments for over six months,” continued representation “would necessarily result in an unreasonable financial burden on Sher Tremonte.” (Id. ¶ 7.) The firm offers more detail for in camera review, meaning private review by the judge outside the public record. (Id. ¶ 6.)

Communication

The declaration also asserts “a total breakdown in cooperation and communication between Mr. Combs and the Firm,” and states that Combs “has declined to make himself available for timely, substantive, and direct communications about his cases for over four months.” (Id. ¶ 8.) The firm again offers further detail for in camera review.

Effect on Combs

The declaration argues that “granting the application will not have a material adverse effect on the interests of Mr. Combs,” noting that the motions to dismiss “were only recently resolved on September 4, 2026, and the parties are in the early stages of discovery.” It states that “[t]rial is not scheduled” and that, apart from a Sept. 17 teleconference, “there are no hearings that would be delayed by the Firm’s withdrawal.” (Id. ¶ 9.)

Retaining Lien

The declaration states that Sher Tremonte “seeks a retaining lien against Mr. Combs’s files in this case until the Firm’s fees are paid.” (Id. ¶ 11.)

Notice to Combs

The declaration states that Combs was notified “on multiple occasions both by mail and through email to his power of attorney,” including on Sept. 3 and Sept. 11, 2026, that counsel “would seek to withdraw due to nonpayment of legal fees and a breakdown in attorney-client communications.” (Id. ¶¶ 12–13.)

The Other Side

Combs has not filed a response to the motion as of ECF No. 128, and the declaration does not state his position.

What’s Next

Update, Sept. 17. Judge Cronan held the conference the court had scheduled for that day (ECF No. 122 at 26) and issued an order (ECF No. 128). It directs that “by October 19, 2026, counsel for Plaintiff shall submit a status letter with any further information regarding whether Combs intends to proceed pro se or retain new counsel,” pro se meaning representing himself. It adds that “[s]hould new counsel appear for Combs in the interim, the Court will schedule another status conference,” and that discovery “is stayed pending further order of the Court.” It adjourns sine die, meaning without setting a new date, Defendants’ deadline to answer the Amended Complaint and the deadline to seek reconsideration of the Sept. 4 ruling. The order recites the motion to withdraw but does not state a ruling on it.

Counsel and Sources

Plaintiff Sean Combs is represented by Michael Tremonte, Erica A. Wolff and Katie Renzler of Sher Tremonte LLP. Defendant Nexstar Media Inc. is represented by Elizabeth A. McNamara, Alison Schary and Mary E. Goetz of Davis Wright Tremaine LLP. Defendant Ariel Mitchell is represented by Steven A. Metcalf II of Metcalf & Metcalf, P.C. Defendant Courtney Burgess has not appeared. Source: ECF Nos. 122, 124, 125 and 128 on the Combs v. Burgess docket.

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