Bowersock v. Financial Assistance, Inc.

Filing 18

ORDER DENYING 16 Motion to Withdraw signed by Hon. Brian A Tsuchida.(AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT BOWERSOCK,
Plaintiff,

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CASE NO. 2:18-cv-00307-BAT
ORDER DENYING MOTION TO
WITHDRAW

v.
FINANCIAL ASSISTANCE, INC.,
Defendant.

Before the Court is the “Stipulated Motion to Withdraw” of Joshua Trigsted, counsel for

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Plaintiff Robert Bowersock. Dkt. 16. Mr. Trigsted declares that he has attempted to reach Mr.

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Bowersock over the past two months at his email and post office box, but has received no

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response. Dkt. 17. The motion to withdraw (Dkt. 16) is DENIED.

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Local Rule 83.2 requires counsel to file a motion to withdraw, note it in accordance with

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LCR 7(d)(3) and serve it on the client and opposing counsel, and if the withdrawal will leave the

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client unrepresented, the motion must include the party's address and telephone number. The

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attorney will ordinarily be permitted to withdraw until sixty days before the discovery cutoff date

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in a civil case. In this case, the discovery deadline expired on January 25, 2019 and the parties

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have been ordered to submit their trial briefs and exhibits by April 26, 2019, attend a pretrial

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conference on April 29, 2019, and be ready to begin trial on May 1, 2019. Dkts. 10 and 15.

ORDER DENYING MOTION TO
WITHDRAW - 1

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When addressing a motion to withdraw the consent of the client is not dispositive. Rather,

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the district court considers a variety of factors, including: (1) the reasons why withdrawal is

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sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal might

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cause to the administration of justice; and (4) the degree to which withdrawal will delay the

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resolution of the case. See Putz v. Golden, No. C10-0741JLR, 2012 WL 13019202, at *3 (W.D.

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Wash. Aug. 3, 2012) (and cases cited therein).

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Counsel’s request to withdraw simply comes too late in this case. In addition, counsel has

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failed to detail what steps he has taken to ensure that Mr. Bowersock has been advised of his

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intent to withdraw.

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If Plaintiff cannot go forward with this case as scheduled, the Court will entertain a

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motion to dismiss. Otherwise, the parties and their counsel are expected to comply with all

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scheduled deadlines, including the pretrial conference scheduled for April 29, 2019, and be ready

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to begin trial on May 1, 2019.

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Accordingly, it is ORDERED that the motion to withdraw (Dkt. 16) is DENIED. The

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Clerk is directed to send copies of this Order to Plaintiff Robert Bowersock at his last known

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addresses and to counsel for the parties.

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DATED this 10th day of April, 2019.

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A

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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

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ORDER DENYING MOTION TO
WITHDRAW - 2