Davis v. Santos et al

Filing 46

ORDER GRANTING 44 MOTION to Withdraw filed by Willie Davis. Attorney Eric A. Todd terminated. ORDER APPOINTING Attorney Dean Michael Athans for Willie Davis. Attorney Athans is DIRECTED to file his notice of appearance by 1/19/2016. Telephonic Sta tus Conference set for 1/29/2016 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. Counsel for Defendant Shicker to direct the call by conferencing in counsel for all other parties and then calling the Court's conference line at 618-482-9004. Signed by Magistrate Judge Donald G. Wilkerson on 1/6/2016. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
WILLIE DAVIS,
Plaintiff,
v.
VENERIO SANTOS, et al.,
Defendants.

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Case No. 3:15-cv-55-JPG-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Withdraw filed by Attorney Eric A. Todd
(Doc. 44). Pursuant to an Order of this Court, Eric A. Todd was recruited to represent Plaintiff,
Willie Davis, in this matter. Attorney Todd has filed a motion asking the Court recruit other
counsel in this matter due to a conflict, as his firm, Ogletree Deakins represents Wexford Health
Sources, Inc., which employed Defendant Santos during the period at issue in this matter. The
Court held a hearing on the Motion to Withdraw on December 17, 2015.

Based on the

representations made by Attorney Todd at the hearing and in his Motion, the Court hereby
GRANTS Attorney Todd’s Motion to Withdraw (Doc. 44). Attorney Eric A. Todd is hereby
terminated from this action. However, the Court’s previous finding that the circumstances
presented in this case warrant recruitment of counsel has remain unchanged. Accordingly, it is
necessary to recruit Plaintiff another attorney to represent him in this matter.
Based on the foregoing, the Court RECRUITS Attorney Dean M. Athans of the law firm
Wilson Elser Moskowitz Edelman & Dicker LLP to represent Plaintiff for all further proceedings.1

1

The Local Rules of the Southern District of Illinois direct that every member of the bar of this
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Attorney Athans shall enter his appearance on or before January 19, 2016.
Plaintiff is cautioned to consult with his counsel in this matter and to understand that it is
Attorney Dean Athans who is the legal professional in this relationship. Without commenting on
the validity of the matter in litigation, counsel is reminded and Plaintiff is advised that counsel,
even though appointed by the Court, has an obligation under the rules to refrain from filing
frivolous pleadings. As a consequence, counsel will likely, from time to time, advise Plaintiff
against taking a certain course of action. While Plaintiff may not totally agree with counsel’s
advice, he should realize that, in the long run, such advice will be in his best interest because it is in
compliance with the law. Also, counsel may advise Plaintiff to pursue additional claims or to
abandon certain existing claims.
Counsel, of course, maintains an ethical obligation to fully and vigorously represent his
client, but only to the extent that it does not impede his ethical obligation to follow the rules of the
Court and the law. If Plaintiff wants to be represented by counsel, he will have to cooperate fully
with counsel. The Court will not accept any filings from Plaintiff individually while he is
represented by counsel, except a pleading that asks that he be allowed to have counsel withdraw
from representation. If counsel is allowed to withdraw at the request of Plaintiff, it is unlikely the
Court will appoint other counsel to represent him.
Because Plaintiff is proceeding in forma pauperis, if there is a monetary recovery in this
case (either by verdict or settlement), any unpaid out-of-pocket costs must be paid from the
proceeds. See SDIL-LR 3.1(c)(1). If there is no recovery in the case (or the costs exceed any
recovery), the Court has the discretion reimburse expenses. The funds available for this purpose

Court “shall be available for appointment by the Court to represent or assist in the representation of
those who cannot afford to hire an attorney.” SDIL-LR 83.1(i).
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are limited, and counsel should use the utmost care when incurring out-of-pocket costs. In no
event will funds be reimbursed if the expenditure is found to be without a proper basis. The Court
has no authority to pay attorney’s fees in this case. Counsel is encouraged to enter into a fee
contract with Plaintiff to address both the payment of attorney’s fees and costs should
Plaintiff prevail.
Finally, counsel is informed that Plaintiff is currently incarcerated by the Illinois
Department of Corrections at Centralia Correctional Center in Centralia, Illinois. Information
about the facility is available at www.idoc.state.il.us. Counsel may use the Illinois Department of
Corrections’ videoconferencing system to confer with Plaintiff. The Court asks the Assistant
Attorney General assigned to this case to facilitate those arrangements.
This matter is SET for a telephonic status conference on January 29, 2016 at 2:00 p.m.
Counsel for Defendant Shicker to initiate the conference call. The Court’s conference number is
618-482-9004. The parties should be prepared to discuss the schedule in this matter.
The Clerk of Court is DIRECTED to send a copy of this Order and the standard letter
concerning appointment of counsel to Attorney Athans immediately.
IT IS SO ORDERED.
DATED: January 6, 2016
DONALD G. WILKERSON
United States Magistrate Judge

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