Rogers v. Howard

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CASE NO. 3:21-CV-5311-TL-DWC Plaintiff, ORDER GRANTING MOTION TO v. WITHDRAW HOWARD, et al., Defendant.

Plaintiff Daryl Rogers, proceeding pro se and in forma pauperis, filed this civil rights action under 42 U.S.C. § 1983. See Dkt. 1. Currently pending in this action is State Defense Counsel’s Motion for Leave to Withdraw from Representation of Doctor Danee Young (“Motion to Withdraw”). Dkt. 39. After consideration of the relevant record, the Motion to Withdraw (Dkt. 39) is granted. I. Background On December 10, 2021, the Court directed the Clerk to serve Plaintiff’s Amended Complaint on Defendant Young, among many other Defendants. Dkt. 17. Robert W. Ferguson, Attorney General, Timothy Cedar, and William Schwarz, Assistant Attorneys General, (“Counsel”) entered a notice of appearance on behalf of all named Defendants, including Defendant Young. Dkt. 19; 20. On January 31, 2022, Counsel filed the Motion to Withdraw. Plaintiff has not filed a response, which was due on or before February 7, 2022. See Local Civil Rule 7(d)(3). At this time, Defendant Young has not filed a waiver of service.

II. Discussion Under Local Civil Rule 83.2, an attorney ordinarily cannot withdraw an appearance in any case without leave of the Court. “If a withdrawal will leave a party unrepresented, the motion to withdraw must include the party’s address and telephone number.” Local Rule 83.2(b). The motion to withdraw shall also include a certification that the motion was served on the client and opposing counsel. Id. “When ruling on motions to withdraw, courts consider: (1) the reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal will delay the resolution of the case.” Bernstein v. City of Los Angeles, 2020 WL 4288443, at *1 (C.D. Cal.

Feb. 25, 2020) (internal quotation marks and citations omitted). “The decision to grant or deny counsel’s motion to withdraw is ultimately committed to the discretion of the trial court.” Fujifilm Sonosite, Inc. v. Imaging Specialists Grp., LLC, 2014 WL 1400992, at *1 (W.D. Wash. Apr. 10, 2014). Here, Defendant Young was only identified in the Amended Complaint as “Defendant Young” “a doctor (“DR”) at SCCC.” Dkt. 16 at 3. Counsel entered an appearance while attempting to identify Defendant Young. Dkt. 39-1, Ceder Dec., ¶¶ 3-4. Counsel identified Defendant Young as Doctor Danee Young, a former contracted staff with the Department of Corrections. Id. at ¶ 6. Counsel attempted to locate information to directly contact Defendant

Young, but were unsuccessful. Id. at ¶ 7. Counsel determined Defendant Young was employed under a contract with Maxim Healthcare Group and that the Department of Corrections and the Attorney General’s Office are not authorized to represent Defendant Young. Id. at ¶ 8. Counsel has contacted Maxim’s Assistant General Counsel Sarah Sherman and informed her of the

lawsuit and the Motion to Withdraw. Id. at ¶ 9. At this time, Defendant Young has not waived service and no other attorney has entered an appearance on her behalf. Counsel has provided the Court with the Maxim’s address and telephone number and has certified that the Motion to Withdraw was served on Maxim’s counsel and Plaintiff. See Dkt. 39, 39-1. Therefore, the Court finds counsel has complied with Local Rule 83.2. The Court also finds Counsel has provided sufficient reasons to grant the withdrawal. As such, Counsel’s withdrawal will not harm the administration of justice, delay resolution of this case, or prejudice the other litigants. Therefore, Counsel’s request to withdraw is granted. III. Conclusion In conclusion, the Motion to Withdraw (Dkt. 39) is granted. Attorney General Robert W.

Ferguson and Assistant Attorney General William Schwarz1 shall be terminated as counsel of record for Defendant Young in this case. Attorney Schwarz is directed to provide a copy of this Order to Maxim’s Assistant General Counsel Sarah Sherman. Dated this 7th day of March, 2022. A David W. Christel United States Magistrate Judge

1 Assistant Attorney General Timothy Ceder filed a Notice of Withdrawal of Counsel of all defendants on February 28, 2022. Dkt. 43. Therefore, only Attorneys Ferguson and Schwarz need be terminated as counsel for Defendant Young.