Nelson v. Ditech Financial LLC

Filing 70

ORDER granting Defendant's 69 Motion to Withdraw as Attorney. Attorney William G Fig terminated. (Per LCR 83, if pro hac vice attorney Jason Hazlewood will continue to represent Ditech, he will need to obtain new local counsel and submit a new Application to Appear Pro Hac Vice (no fee required), otherwise he should move to withdraw as well.) Signed by U.S. District Judge David G Estudillo.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRIAN S. NELSON,
v.

CASE NO. 3:17-cv-05582-DGE
Plaintiff,

DITECH FINANCIAL LLC,
Defendant.

ORDER GRANTING MOTION BY
WILLIAM G. FIG AND SUSSMAN
SHANK LLP TO WITHDRAW AS
COUNSEL FOR DITECH
FINANCIAL LLC

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Presently before the Court is a motion by William G. Fig and Sussman Shank LLP to

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withdraw as counsel of record for Defendant Ditech Financial LLC (“Ditech”). (Dkt. No. 69.)

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Fig and Sussman Shank claim they have had no contact with Ditech since February of 2020,

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when Ditech sold its servicing business, ceased servicing loans and terminated counsel following

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a September 2019 order of the United States Bankruptcy Court for the Southern District of New

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York confirming Ditech’s Chapter 11 bankruptcy plan. (Id.) Fig and Sussman Shank believe

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Ditech no longer exists. (Id.) Local Civil Rule 83.2(b)(1) sets forth the conditions under which

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an attorney may withdraw from representation in a civil case:

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ORDER GRANTING MOTION BY WILLIAM G. FIG AND SUSSMAN SHANK LLP TO WITHDRAW AS
COUNSEL FOR DITECH FINANCIAL LLC - 1

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No attorney shall withdraw an appearance in any case, civil or criminal,
except by leave of court, unless the withdrawal complies with the
requirements of subsections (b)(2) or (b)(3). Leave shall be obtained by filing
a motion or a stipulation and proposed order for withdrawal or, if appropriate
in a criminal case, by complying with the requirement of CrR 5(g). A motion
for withdrawal shall be noted in accordance with LCR 7(d)(3) or CrR 12(b)
(criminal cases) and shall include a certification that the motion was served
on the client and opposing counsel. A stipulation and proposed order for
withdrawal must (1) be signed by all opposing counsel or pro se parties, and
(2) be signed by the party’s new counsel, if appropriate, or by the party. If a
withdrawal will leave a party unrepresented, the motion to withdraw must
include the party’s address and telephone number. The attorney will
ordinarily be permitted to withdraw until sixty days before the discovery
cutoff date in a civil case, and at the discretion of the court in a criminal case.

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Here, Fig and Sussman Shank have filed a motion to withdraw pursuant to LCR
83.2(b)(1). (Dkt. No. 69.) Even if Ditech still exists, withdrawal will not leave it unrepresented;
Jason E. Hazlewood of Reed Smith remains listed as co-counsel. Fig and Sussman Shank have
certified that the motion was served on the client, but have not certified the motion was served on
opposing counsel. (Id.)
Nevertheless, the Court finds it appropriate to grant the motion to withdraw based on
counsel’s representation that Ditech “terminated counsel” in approximately February of 2020,
there has been no contact with Ditech, and it appears Ditech no longer exists. 1 Under
Washington Rule of Professional Conduct 1.16(a)(3), withdrawal is mandatory when a client
terminates representation. (“[A] lawyer shall … withdraw from representation of a client if …
the lawyer is discharged.”) Accordingly, the Court GRANTS the motion to withdraw. William
G. Fig and Sussman Shank LLP are relieved as counsel for Ditech.

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A copy of the motion was sent to Ditech’s last known address. (Dkt. No. 69 at 3.) Ditech did
not file any response to the motion.
ORDER GRANTING MOTION BY WILLIAM G. FIG AND SUSSMAN SHANK LLP TO WITHDRAW AS
COUNSEL FOR DITECH FINANCIAL LLC - 2

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Dated this 26th day of July, 2023.

A

David G. Estudillo
United States District Judge

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ORDER GRANTING MOTION BY WILLIAM G. FIG AND SUSSMAN SHANK LLP TO WITHDRAW AS
COUNSEL FOR DITECH FINANCIAL LLC - 3