Cobbler Nevada, LLC v. Doe 1 et al
Filing
133
ORDER DIRECTING CLERK TO IDENTIFY PRO BONO COUNSEL AND LCR 39.1 NEUTRAL FOR EARLY ADR PROCEEDINGS granting in part defendant Michael Wilson's 131 Motion to Appoint Counsel by Hon. James P. Donohue.(RS) cc Sharon Haas, Michael Wilson
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
COBBLER NEVADA, LLC,
11
12
13
Plaintiff,
v.
MICHAEL WILSON, et al.,
ORDER DIRECTING CLERK TO
IDENTIFY PRO BONO COUNSEL AND
LCR 39.1 NEUTRAL FOR EARLY ADR
PROCEEDINGS
Defendants.
14
15
Case No. C15-1616-TSZ
This matter comes before the Court upon defendant Michael Wilson’s February 3, 2017
16
letter, Dkt. 131, which the Honorable Thomas S. Zilly construed as a motion for appointment
17
of counsel and referred to the undersigned on February 10, 2017. Dkt. 132. Having reviewed
18
the parties’ pleadings, the “Plan of the U.S. District Court for the W.D. of Washington for the
19
Representation of Pro Se Litigants in Civil Rights Actions” (the “Pro Bono Plan”), and the
20
balance of the record, the Court ORDERS that defendant Michael Wilson’s motion for
21
appointment of counsel, Dkt. 131, is GRANTED IN PART for the limited purpose of
22
conducting an early alternative dispute resolution (“ADR”) procedure pursuant to LCR 39.1.
23
Generally, the decision to appoint pro bono counsel rests within “the sound discretion
24
of the trial court and is granted only in exceptional circumstances.” Agyeman v. Corrections
25
Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). A finding of exceptional
26
ORDER
PAGE - 1
1
circumstances requires an evaluation of both the likelihood of success on the merits and the
2
ability of the party to articulate his or her claims pro se in light of the complexity of the legal
3
issues involved. Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). These factors
4
must be viewed together before reaching a decision on a request for counsel. Id. At this early
5
stage of litigation, defendant has failed to demonstrate that exceptional circumstances warrant
6
the appointment of counsel for the duration of the case. However, the Court also finds that the
7
unique circumstances of this case indicate that the interests of justice will best be served if
8
counsel from the Western District Pro Bono Panel is appointed to represent defendant for the
9
limited purpose of conducting an early ADR procedure pursuant to LCR 39.1.
10
In making this finding, the undersigned has considered the nature and complexity of
11
plaintiff’s factual and legal claims against defendant. The undersigned finds that the plaintiff,
12
defendant, and the Court will all benefit from appointed counsel’s assistance in improving
13
communication between the parties, limiting, narrowing or simplifying the issues in dispute,
14
and potentially achieving settlement of some or all issues between the parties through an early
15
ADR procedure.
16
Accordingly, the parties are directed to read and comply with the deadlines and
17
procedures outlined in § 3(g)-(i) of the Pro Bono Plan.1 Specifically, following entry of the
18
Order of Appointment, the Clerk shall send the appointed attorney a Notice of Appointment
19
and Interim Notice of Appearance, which shall include a statement that plaintiff’s counsel must
20
only communicate with the appointed attorney, and not with defendant Wilson, in accordance
21
with Rules 4.2(b) and 4.3(b) of the Washington Rules of Professional Conduct. See Pro Bono
22
Plan § 3(g). The Clerk’s Notice of Appointment and Interim Notice of Appearance also
23
suspends the provisions of LCR 16(a) and (d) requiring a scheduling conference, joint status
24
The Pro Bono Plan was most recently amended effective August 1, 2010, and is
available on the Court’s website via links to “Attorneys” and “Pro Bono Panel”
(www.wawd.uscourts.gov/attorneys/pro-bono-panel) or “Representing Yourself”
(http://www.wawd.uscourts.gov/pro-se).
1
25
26
ORDER
PAGE - 2
1
report, and scheduling order, until completion of the ADR proceedings. See Pro Bono Plan §
2
3(i).
3
As soon as practical following appointment, pro bono counsel is directed to confer with
4
the defendant regarding the ADR procedures available under LCR 39.1(a)(3). Pro bono
5
counsel shall then meet and confer with opposing counsel to develop a plan for an early ADR
6
procedure, and shall attempt to reach agreement on the factors listed in § 3(i)(iv)(A)-(E). The
7
parties are advised that they are required to submit a Joint Pro Bono ADR Status Report
8
addressing these factors not later than twenty (20) days following the Clerk’s Notice of
9
Appointment and Interim Notice of Appearance. See Pro Bono Plan to § 3(i)(v).
10
Unless otherwise ordered, the early ADR procedure shall be completed not later than
11
seventy-five (75) days following the Clerk’s Notice of Appointment and Interim Notice of
12
Appearance. See Pro Bono Plan § 3(i)(vii). Upon completion of the ADR procedure,
13
appointed counsel shall submit a report to the Court and opposing counsel stating (1) when the
14
ADR procedure occurred, and (2) whether the case settled as to some or all issues.2 Following
15
submission of this report, appointed counsel’s limited representation shall be deemed
16
complete, and counsel may submit a proposed order terminating the limited representation. At
17
that time, appointed counsel may move for an award of attorney’s fees under any applicable
18
authority, although the Court is unable to assure counsel of compensation.
19
Accordingly, defendant Wilson’s motion, Dkt. 131, is GRANTED IN PART. The
20
Clerk of the Court is DIRECTED to identify counsel from the Pro Bono Panel to represent
21
defendant for the limited purpose of conducting an early ADR procedure pursuant to LCR
22
39.1. Upon notification from the Clerk, the undersigned shall appoint the selected attorney to
23
represent defendant Wilson in early ADR proceedings in this case. Finally, the Clerk is
24
25
2
26
If the ADR procedure was a mediation, however, the mediator’s report required by
LCR 39.1(c)(6) will serve in lieu of appointed counsel’s report.
ORDER
PAGE - 3
1
directed to send a copy of this Order to Judge Zilly, and a copy of this Order and § 3(g)-(i) of
2
the Pro Bono Plan to defendant Wilson and counsel for plaintiff.
3
DATED this 22nd day of February, 2017.
4
A
5
JAMES P. DONOHUE
Chief United States Magistrate Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
PAGE - 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?