Stevens v. Pierce County et al

Filing 52

ORDER. Millikan's 48 motion to withdraw is GRANTED. The 47 stipulated scheduling order is DENIED, but the trial date and remaining pretrial deadlines are STRICKEN. The case is STAYED for 60 days, to provide Stevens an opportunity to locate a nd engage new counsel. Based on counsel's withdrawal, and the basis for it, the Court will not enter the stipulated order of dismissal. That stipulated motion, Dkt. 51 , is DENIED, without prejudice to re-file. Stevens's motion for reconsi deration, Dkt. 33 , is RE-NOTED for January 26, 2024. Any Reply in support of that motion shall be filed no later than January 26, 2024. Attorney Millikan shall use his best efforts to provide a copy of this Order to Stevens. Signed by Judge Benjamin H. Settle.(MW) (cc: Plaintiff at University Place and Waldport addresses)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C22-5862 BHS

RANDALL STEVENS,
v.

Plaintiff,

ORDER

PIERCE COUNTY, et al.,

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Defendants.

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THIS MATTER is before the Court on the following motions:

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•

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Plaintiff Randall Stevens’s motion for reconsideration, Dkt. 33, of the Court’s
Order, Dkt. 32, granting in part defendants’ motion to dismiss, Dkt. 23;

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The parties’ stipulated motion for an extension of time for discovery, Dkt. 47;

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Stevens’s attorney’s motion to withdraw, Dkt. 48;

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The parties’ stipulated motion to dismiss defendants Wendy Batchelor, Ashley

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Chalk, Danielle Seymor, James Githui, Robert Wargacki, Medical Nurse Doe

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1, and Naphcare, Inc., Dkt. 51.

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Attorney Jackson Millikan’s motion to withdraw is based on his claim that Stevens
has stopped communicating with him, and that he has not heard from Stevens since

ORDER - 1

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October 3, 2023. Dkt. 48 at 2. Millikan had his motion personally served on Stevens, and

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he asserts that in response, Stevens told him by email that he was homeless, in Oregon.

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Dkt. 49 at 3 and 8. At the same time, Millikan informed defendants’ counsel, Ross

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Taylor, that Stevens had authorized him to sign a stipulated order of dismissal as to “all

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claims/defendants that accrued in the second jail stint.” Dkt. 50 at 2. The parties’

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stipulated motion for dismissal of some claims and defendants is apparently based on this

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authorization.

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However, it is not at all clear to the Court that Stevens has agreed to the dismissal
of a subset of his claims, or that he agreed to effectively withdraw or moot his pending
motion for reconsideration. There is no evidence before the Court that Stevens so agreed.
Millikan’s motion to withdraw is GRANTED. The stipulated scheduling order is

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DENIED, but the trial date and remaining pretrial deadlines are STRICKEN. The case is

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STAYED for 60 days, to provide Stevens an opportunity to locate and engage new

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counsel. Based on counsel’s withdrawal, and the basis for it, the Court will not enter the

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stipulated order of dismissal. That stipulated motion, Dkt. 51, is DENIED, without

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prejudice to re-file. Stevens’s motion for reconsideration, Dkt. 33, is RE-NOTED for

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January 26, 2024. Any Reply in support of that motion shall be filed no later than January

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26, 2024. Attorney Millikan shall use his best efforts to provide a copy of this Order to

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Stevens.

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IT IS SO ORDERED.

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ORDER - 2

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Dated this 14th day of November, 2023.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3