Richard D. Townsend v. Commissioner of Social Security

Filing 21

ORDER GRANTING Counsel's 15 Motion to Withdraw as Attorney of Record; ORDER REQUIRING Personal Appearance of Plaintiff signed by Magistrate Judge Gary S. Austin on 8/12/2011. Status Conference set for 8/31/2011 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.(Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RICHARD D. TOWNSEND,
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Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,

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Defendant.

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1:10-cv-1969 GSA
ORDER GRANTING COUNSEL’S MOTION
TO WITHDRAW AS ATTORNEY OF
RECORD
ORDER REQUIRING PERSONAL
APPEARANCE OF PLAINTIFF
(Document 15)

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INTRODUCTION
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Plaintiff’s counsel Denise B. Haley filed the instant motion to withdraw as attorney of
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record for Plaintiff Ricahrd D. Townsend on July 13, 2011. (Doc. 15.) The matter was heard on
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August 12, 2011, before the Honorable Gary S. Austin, United States Magistrate Judge. Ms.
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Haley appeared telephonically on behalf of Plaintiff. Lynn Marada appeared on behalf of
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Defendant. Plaintiff did not appear at the hearing or oppose the motion.
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RELEVANT BACKGROUND
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On October 19, 2011, Plaintiff Richard Townsend filed this action challenging the
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Commissioner’s denial of Social Security benefits. (Doc. 1.) The Commissioner lodged the
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administrative record on March 1, 2011. (Doc. 11.) Plaintiff’s opening brief is currently due

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September 2, 2011. (Doc. 19.)

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On July 13, 2011, Plaintiff’s counsel Denise Haley filed a Motion to Withdraw as

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Attorney of Record. (Doc. 15.) Counsel served her client at 2100 Virgilia Lane, Olivehurst, CA

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95961 via first class mail on that same day. (Doc. 15 at pg. 8). Defendant has not opposed the

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motion and Mr. Townsned has not filed a response to counsel’s motion. At the hearing, Ms.

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Haley also stated that on July 22, 2011, she sent Plaintiff correspondence informing him that she

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would be appearing telephonically, that he should appear at the hearing, as well as advising him

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that the opening brief was due on September 2, 2011. She did not receive a response from Mr.

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Townsend.

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DISCUSSION
In the motion, Ms. Haley contends that she attempted to contact Mr. Townsend numerous

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times without success. She was eventually able to talk with him on the telephone on May 25,

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2011. She is seeking to withdraw because after conducting an extensive review of the

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administrative record, she and Plaintiff disagree on fundamental matters regarding his case. At

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the time of their discussion, Plaintiff indicated that he wanted to hire new counsel. Ms. Haley

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sent Mr. Townsend a letter on May 25, June 21, and July 6, 2011, advising him that he needed to

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find new counsel, as well as a substitution of attorney form. She has not received a response

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from her correspondence. Counsel seeks to withdraw because she believes that further pursuit of

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the action could subject her to Rule 11 sanctions. To date, Plaintiff has not identified alternate

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counsel, nor has he authorized dismissal of his case. Therefore, Ms. Haley has filed the instant

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motion. Counsel requests that Plaintiff be given forty-five days to retain substitute counsel and

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file an opening brief.

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ORDER
This Court finds Plaintiff’s counsel has demonstrated good cause to withdraw as

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Plaintiff’s counsel. Accordingly, counsel’s motion is GRANTED and Plaintiff is

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SUBSTITUTED in as counsel in pro se. Ms. Haley is DIRECTED to provide Plaintiff with the

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complete administrative record and all pleadings on or before Friday, August 26, 2011.
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Plaintiff is advised that the opening brief in this case is due no later than September 2,

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2011. Plaintiff is cautioned that he no longer has the assistance of an attorney. He may wish to

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seek further legal assistance. Further, Plaintiff appears to have moved and this Court may no

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longer be the appropriate venue for this action. Accordingly, Plaintiff is ordered to personally

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appear for a status conference in this Court on Wednesday, August 31, 2011 at 10:30 am. If

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Plaintiff is unable to personally appear he can contact Courtroom Deputy Amanda Bradley at

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559-499-5962 to coordinate appearing by telephone. If Plaintiff does not retain another attorney

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to represent him, he is responsible for complying with all Court rules and applicable laws.

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Failure to do so, or failing to comply with any order of this Court (including this order), may

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result in dismissal of the action.
As per Ms. Haley, Plaintiff’s last known address is 2100 Virgilia Lane, Olivehurst

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California 95961. Plaintiff’s telephone number is [phone]. The Clerk shall update

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Plaintiffs address on the docket and serve a copy of this order on Mr. Townsend at the above

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address. Mr. Townsend shall contact the Court immediately if the address listed above is not

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correct.

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IT IS SO ORDERED.
Dated:
6i0kij

August 12, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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