Eugster v. Littlewood et al

Filing 23

ORDER withdrawing 8 Motion to Dismiss and granting 21 Motion to Withdraw; 21 Motion for Extension of Time to Answer; 21 Motion to Dismiss Washington State Bar Association; and 22 Motion to Expedite. The Washington State Bar Association is terminated from this action. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7

STEPHEN KERR EUGSTER,
NO. 2:17-CV-0392-TOR

8
9
10
11
12
13
14
15
16
17
18
19
20

Plaintiff,
v.
PAULA C. LITTLEWOOD, Executive
Director of the WASHINGTON STATE
BAR ASSOCIATION in her official
capacity, and JUSTICES OF THE
WASHINGTON SUPREME COURT,
namely: MARY FAIRHURST, Chief
Justice, in her official capacity;
CHARLES JOHNSON, Justice, in his
official capacity; SHERYL GORDON
McCLOUD, Justice, in her official
capacity; CHARLES WIGGINS, Justice, in
his official capacity; STEVEN GONZÁLEZ,
Justice, in his official capacity; MARY YU,
Justice, in her official capacity; BARBARA
MADSEN, Justice, in her official
capacity; SUSAN OWENS, Justice, in
her official capacity; and, DEBRA
STEPHENS, Justice, in her official
capacity,

ORDER GRANTING
STIPULATED MOTION TO
WITHDRAW PENDING
MOTION TO DISMISS, TO
EXTEND TIME TO RESPOND
TO AMENDED COMPLAINT,
AND TO DISMISS
DEFENDANT THE
WASHINGTON STATE BAR
ASSOCIATION

Defendants.

ORDER GRANTING STIPULATED MOTION ~ 1

1

BEFORE THE COURT are the parties’ Stipulated Motion to Withdraw

2

Pending Motion to Dismiss, to Extend Time to Respond to Amended Complaint,

3

and to Dismiss Defendant the Washington State Bar Association (ECF No. 21) and

4

Stipulated Motion to Expedite (ECF No. 22). This matter was submitted for

5

consideration without oral argument. The Court has reviewed the record and files

6

herein, and is fully informed.

7

On November 25, 2017, Plaintiff Stephen Kerr Eugster, proceeding pro se,

8

filed this Complaint against Defendant Paula C. Littlewood and the Washington

9

State Bar Association (“WSBA”). ECF No. 1. Plaintiff is a licensed attorney and

10

member of the WSBA. Id. at 7. Plaintiff alleges violation of his constitutional

11

rights under 42 U.S.C. § 1983, and violation of procedural due process and his

12

fundamental rights due to compelled membership in the WSBA. Id. at 8–10.

13

On January 30, 2018, Defendants Littlewood and the WSBA filed a Motion

14

to Dismiss. ECF No. 8. On February 7, 2018, Plaintiff filed an Amended

15

Complaint, which removed the WSBA as a party and added each Justice of the

16

Washington State Supreme Court as Defendants. ECF No. 9. The Amended

17

Complaint also added and removed claims. See id.

18

In the instant motion, the parties jointly move to withdraw the pending

19

Motion to Dismiss, as the relevance of the arguments are affected by the Amended

20

Complaint. ECF No. 21 at 2. The parties further stipulate that Defendant

ORDER GRANTING STIPULATED MOTION ~ 2

1

Littlewood should be allowed additional time to respond to the Amended

2

Complaint, agreeing that her response should be due by April 11, 2018. Lastly, the

3

parties stipulate that former Defendant WSBA should be formally dismissed from

4

this matter. Id.

5

The Court finds that Defendant Littlewood may withdraw her Motion to

6

Dismiss due to Plaintiff’s Amended Complaint. Defendant Littlewood is ordered

7

to file a response to the Amended Complaint no later than April 11, 2018. The

8

Court dismisses Defendant Washington State Bar Association from this case.

9

ACCORDINGLY, IT IS HEREBY ORDERED:

10

1. Stipulated Motion to Withdraw Pending Motion to Dismiss, to Extend

11

Time to Respond to Amended Complaint, and to Dismiss Defendant the

12

Washington State Bar Association (ECF No. 21) is GRANTED.

13

2. Stipulated Motion to Expedite (ECF No. 22) is GRANTED.

14

3. The Clerk of Court shall terminate the Washington State Bar Association

15
16
17
18

from the docket as a Defendant in this case.
The District Court Executive is directed to enter this Order and furnish
copies to the parties.
DATED February 22, 2018.

19
20

THOMAS O. RICE
Chief United States District Judge

ORDER GRANTING STIPULATED MOTION ~ 3