International Underwater Dive & Explorations LLC et al v. Boart Longyear Company et al

Filing 14

ORDER by Judge Richard A Jones denying Plaintiffs' 12 Motion to Appoint Counsel; denying Plaintiff Vernon W. Officer Jr.'s 13 Motion for Extension of Time to Retain Counsel. The Court sua sponte DISMISSES without prejudice all claims alleged by Underwater Dive. (cc: pro se plaintiffs via USPS) (swt)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTERNATIONAL UNDERWATER DIVE
& EXPLORATIONS LLC, et al.,

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Case No. C16-1831-RAJ

Plaintiffs,

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v.
BOART LONGYEAR COMPANY, et al.,

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Defendants.

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I.

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INTRODUCTION

This matter comes before the Court on Plaintiffs International Underwater Dive &

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Explorations, LLC and Vernon W. Officer, Jr.’s Motion to Appoint Counsel (Dkt. # 12)

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and Motion for Extension on Counsel (Dkt. # 13). For the reasons that follow, the Court

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DENIES Plaintiffs’ motions.
II. BACKGROUND

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In this action, Plaintiffs allege an array of misconduct by numerous individuals,

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entities, and government institutions, including Boart Longyear Company (“BLC”),

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Richard P. Parkin, Ace American Insurance, Robert G. McCarthy, the Internal Revenue

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Service, and the Department of Homeland Security. The Court describes the facts as

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Plaintiffs allege them in the complaint, suggesting no opinion on whether these

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allegations will prove true.

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In short, Plaintiff Vernon W. Officer, Jr. is the C.E.O. of a corporation called
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International Underwater Dive & Explorations, LLC (“Underwater Dive”). On
November 28, 2014, the driver of a vehicle owned by BLC fell asleep at the wheel and
caused an accident severely injuring Mr. Officer and damaging Underwater Dive’s
property. Dkt. # 1 at 5. In the aftermath of this accident, certain Defendants named in
this action mistreated and exploited Mr. Officer and Underwater Dive in numerous ways.
Id. at 5-7. As a consequence, Mr. Officer was wrongfully incarcerated. Id.
Plaintiffs both appear pro se. On November 30, 2016, the Court entered an order
stating that corporations cannot appear in federal court except through an attorney.
Dkt. # 6. The Court directed Underwater Dive to obtain counsel no later than December
30, 2016, or face sua sponte dismissal of its claims. Id. On December 13, 2016, the
Court granted Underwater Dive an extension to secure counsel, ordering that it must do
so by February 21, 2017. Dkt. # 9.
On February 3, 2017, Plaintiffs filed a motion requesting that the Court appoint
counsel to represent Underwater Dive. Dkt. # 12. On February 17, 2017, Plaintiffs filed
a motion reiterating their request for counsel, emphasizing Mr. Officer’s indigence and
lack of legal skills, and requesting a one-year extension to secure counsel. The Court will
construe these motions as requesting the appointment of counsel for Underwater Dive, as
well as Mr. Officer in his individual capacity.
III. DISCUSSION

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Plaintiffs both request that counsel be appointed. This is a civil action and, as a
general matter, Plaintiffs have no right to counsel. See, e.g., Storseth v. Spellman, 654
F.2d 1349, 1353 (9th Cir. 1981). In “exceptional circumstances,” the Court may appoint
counsel for indigent civil litigants pursuant to 28 U.S.C. § 1915(e)(1). Wilborn v.
Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986). “A finding of exceptional
circumstances requires an evaluation of both ‘the likelihood of success on the merits and
the ability of the petitioner to articulate his claims pro se in light of the complexity of the
legal issues involved.’” Id. (brackets omitted) (quoting Weygandt v. Look, 718 F.2d 952,
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954 (9th Cir. 1983)). The Court, however, lacks authority to appoint counsel to represent
a corporation. See, e.g., Specialty Vehicle Acquisition Corp. v. Am. Sunroof Corp., No.
07-13887, 2008 WL 344546, at *2 (E.D. Mich. Feb. 7, 2008) (“There is no provision in a
statute, the Federal Rules of Civil Procedure, or the Local Rules allowing this Court to
appoint counsel for a corporation in a civil matter.”).
As noted, the Court lacks authority to appoint counsel to represent a corporation.

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Accordingly, the Court DENIES Underwater Dive’s motion to appoint counsel,
including its request for a one-year time extension. As Underwater Dive has not
complied with the Court’s order directing that it secure counsel by February 21, 2017
(Dkt. # 9), the Court sua sponte DISMISSES without prejudice all claims alleged by
Underwater Dive.
The Court also DENIES Mr. Officer’s motion. He maintains that counsel should

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be appointed because he cannot afford to hire an attorney. He maintains that his lack of
funds is attributable to Defendants’ misconduct in damaging and misappropriating his
property. He also notes that he lacks the bar certification necessary to represent his
interests. Indigence and lack of legal skills, however, are not exceptional circumstances
that warrant the appointment of counsel. See, e.g., Mahoney v. Kitsap Cty. Jail, No. C105140 RBL/KLS, 2010 WL 3239318, at *1 (W.D. Wash. Aug. 16, 2010). The Court has
reviewed the complaint and attached exhibits. Having done so, the Court finds that Mr.
Officer has not demonstrated that the legal issues underlying this matter are so complex
that he is unable to articulate his claims pro se. Thus, he has not met the requisite
standard for appointment of counsel and his motion must be denied.
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IV. CONCLUSION

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For the reasons stated above, the Court DENIES Underwater Dive and Vernon W.
Officer, Jr.’s Motion to Appoint Counsel (Dkt. # 12) and Motion for Extension on
Counsel (Dkt. # 13). The Court sua sponte DISMISSES without prejudice all claims
alleged by Underwater Dive.

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DATED this 10th day of March, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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