Bilbeisi v. Safeway

• Court: District Court, W.D. Washington
• Decided: February 6, 2023
• Docket: 2:22-cv-00876
• Status: Unknown

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 YOUSEF M. BILBEISI, CASE NO. C22-0876-JCC 10 Plaintiff, ORDER 11 v. 12 SAFEWAY, 13 Defendant. 14

15 This matter comes before the Court on Attorney Mark Perez’s motion to withdraw as 16 counsel for Plaintiff (Dkt. No. 22). Having thoroughly considered the motion and the relevant 17 record, the Court hereby GRANTS the motion for the reasons explained herein. 18 An attorney may not withdraw an appearance in any case without leave of the court. LCR 19 83.2(b)(1). And to the extent leave is given, ordinarily, it must be no less than sixty days prior to 20 the discovery cut-off. Id. However, the Court retains discretion to allow withdrawal at any time. 21 See, e.g., Putz v. Golden, 2012 WL 13019202, slip op. at 3 (W.D. Wash. 2012). 22 When evaluating a motion to withdraw, courts may consider a variety of factors, 23 including: “(1) the reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to 24 other litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the 25 degree to which withdrawal will delay the resolution of the case.” Russell v. Samec, 2021 WL 26 3130053, slip op. at 1 (W.D. Wash. 2021) (internal citations omitted). But if a withdrawal will 1 leave a party unrepresented, the motion must include the party’s address and telephone number 2 and must be served on the client and opposing counsel. LCR 83.2(b)(1). 3 Counsel seeks to withdraw based on fundamental disagreements with Plaintiff, his 4 inability to contact Plaintiff, and Plaintiff’s failure to pay outstanding legal fees. (Dkt. No. 22 at 5 1.) Counsel indicates issues arose in early 2022, when Plaintiff and Counsel disagreed over case 6 strategy. (Dkt. No. 26 at 2.) Moreover, Counsel maintains that, starting around April 2022, 7 Plaintiff refuses to take calls his calls or honor the terms of the agreement for pay. (Id. at 3.) 8 Counsel has complied with the requirements of the local rules and notified Plaintiff of his 9 intent to withdraw. (Id. at 3.) The case is set for trial in September 2023, with discovery due by 10 May 15. (Dkt. No. 21.) This means there will be no adverse impact on the parties or the 11 administration of justice. Accordingly, the Court GRANTS Plaintiff’s attorney’s motion to 12 withdraw. The Clerk is DIRECTED to mail a copy of this order to Plaintiff Yousef Bilbeisi, at 13 5218 17th Ave NE, Seattle WA 98105. 14 DATED this 6th day of February 2023. 15 A 16 17 18 John C. Coughenour 19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26