McKinley v. Miller et al

Filing 126

ORDER granting 123 Motion to Withdraw as Attorney. Attorney Ryan Thomas Waggoner terminated; granting in part 124 Motion to Stay. Signed by District Judge William Q. Hayes on 9/30/2022. (anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TERRY McKINLEY,

Case No.: 3:15-cv-00228-WQH-RBB
Plaintiff,

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vs.

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B. HUGIE, Correctional Officer,
Defendant.

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ORDER

HAYES, Judge:
The matters before the Court are the Motion to Withdraw as Counsel of Record (ECF
No. 123) filed by counsel for Plaintiff Terry McKinley, Allen Matkins Leck Gamble
Mallory & Natsis LLP (“Allen Matkins”), and the Joint Motion to Stay Proceedings (ECF
No. 124).
Counsel for Plaintiff requests withdrawal on the following grounds: (1) “there has
been a fundamental breakdown in the attorney-client relationship and a material inability
for Allen Matkins to carry out a full and zealous representation of Plaintiff in this matter”;
and (2) “Plaintiff has breached the obligations necessary to the representation.” (ECF No.
123-1 at 2.) Counsel contends that “attorney-client privilege obligations prevent a more
detailed explanation.” Id. In support of its motion, counsel provides the Declaration of
Ryan T. Waggoner, the lead attorney for Plaintiff, who states that “Allen Matkins has taken
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3:15-cv-00228-WQH-RBB

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all steps necessary to prevent prejudice to Plaintiff,” “Plaintiff has been informed that Allen

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Matkins would be making this request,” “opposing counsel does not oppose the request,”

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and “[b]oth Plaintiff and opposing counsel have been formally served” with the motion.

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(ECF No. 123-2 ¶¶ 3-4, 6.)

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An attorney must obtain leave of court to withdraw as counsel and the decision to

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grant or deny leave to withdraw is committed to the discretion of the court. See Kassab v.

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San Diego Police Dept., No. 07cv1071 WQH (WMc), 2008 WL 251935, at *1 (S.D. Cal.

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Jan 29, 2008). Courts ruling on motions to withdraw as counsel have considered: (1) the

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reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other

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litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the

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degree to which withdrawal will delay the resolution of the case. See id.

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The Motion to Withdraw as Counsel of Record in this case is unopposed and there

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is no evidence in the record that withdrawal will prejudice the litigants, harm the

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administration of justice, or result in more than a limited delay of the adjudication of this

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action. Although the Court is unable to review the factual basis for counsel’s contentions

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that good cause exists for withdrawal due to counsel’s assertion of attorney-client privilege,

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the Court finds that there is good cause to permit withdrawal in light of all relevant factors.

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The Motion to Withdraw as Counsel of Record is granted.

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The parties request a stay of this action for a period of at least six months and

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vacation of all deadlines so that Plaintiff has an opportunity to obtain new counsel. The

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Court finds good cause to vacate the deadlines and grant a stay of 90 days in the interest of

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mitigating delay of the resolution of this action.1

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IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel of Record
(ECF No. 123) is granted.

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As the Court has previously informed Plaintiff, there is no right to counsel in a civil action. (See ECF
No. 69 at 2.) The Court declines to refer this action for the third time to the Pro Bono Panel.
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3:15-cv-00228-WQH-RBB

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IT IS FURTHER ORDERED that the Joint Motion to Stay Proceedings (ECF No.

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124) is granted in part. The deadlines in the operative Scheduling Order (ECF No. 117),

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Minute Entry (ECF No. 120), and Order partially modifying the Scheduling Order (ECF

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No. 122) are vacated, and this action is stayed for ninety (90) days.

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Dated: September 30, 2022

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3:15-cv-00228-WQH-RBB