Case 2:19-cv-01105-JCC Document 31 Filed 01/31/20 Page 1 of 4 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 DISCOVERY PARK COMMUNITY ALLIANCE, a community non-profit corporation, and ELIZABETH CAMPBELL, 11 ORDER Petitioners, v. 12 13 CASE NO. C19-1105-JCC CITY OF SEATTLE, 14 Respondent. 15 16 This matter comes before the Court on Respondent’s motion to modify the Court’s 17 scheduling order (Dkt. No. 28) and Allen T. Miller’s motion to withdraw as counsel for 18 Petitioners (Dkt. No. 27). Having considered the parties’ briefing and the relevant record, the 19 Court hereby GRANTS Respondent’s motion and RE-NOTES Mr. Miller’s motion for the 20 reasons explained herein. 21 I. 22 BACKGROUND Petitioners filed this action in King County Superior Court on June 28, 2019. (Dkt. No. 1 23 at 1.) Respondent subsequently removed the action to this Court on July 17, 2019. (Id. at 3.) 24 Following removal, the parties attended a status conference on August 6, 2019, at which the 25 Court issued a scheduling order. (Dkt. No. 9.) Three days later, Petitioners notified the Court that 26 they had terminated their then-counsel, Daniel Frohlich and Thomas Dickson. (Dkt. No. 10.) Mr. ORDER C19-1105-JCC PAGE - 1 Case 2:19-cv-01105-JCC Document 31 Filed 01/31/20 Page 2 of 4 1 Frohlich and Mr. Dickson then moved to withdraw as counsel for Petitioners on August 29, 2 2019. (Dkt. No. 12.) The Court granted the motion on September 19, 2019, (Dkt. No. 14), and 3 Allen T. Miller filed a notice of appearance for Petitioners shortly thereafter, (Dkt. No. 15). 4 Once Petitioners obtained new counsel, Respondent filed a motion to join the United 5 States Department of the Army and the Seattle Public Schools (“SPS”) as parties. (Dkt. No. 16.) 6 On November 14, 2019, the Court granted Respondent’s motion over Petitioners’ objection and 7 ordered Petitioners to file and serve an amended petition naming the Army and SPS as 8 respondents. (Dkt. No. 25 at 5.) Despite the Court’s order, Petitioners did not serve the Army or 9 SPS with an amended petitioner. Then, without Petitioners having served the Army or SPS as 10 required by the Court’s November 14, 2019 order, Mr. Miller filed a notice of withdraw and a 11 motion to withdraw. (Dkt. Nos. 26–27.) 12 Respondent now asks the Court to (1) vacate the remaining deadlines in the Court’s 13 scheduling order; (2) set a new status conference; (3) set a deadline for Petitioners to serve the 14 Army and SPS with an amended petition; and (4) condition Mr. Miller’s withdraw on Petitioners 15 first serving the Army and SPS. (See Dkt. No. 28 at 5–6.) 16 II. DISCUSSION 17 A. Motion to Modify the Court’s Scheduling Order 18 The Court may modify a scheduling order only for good cause. See Fed. R. Civ. P. 19 16(b)(4); W.D. Wash. Local Civ. R. 16(b)(5). Good cause exists here. Petitioners have failed to 20 serve the Army or SPS with an amended petition. Once those parties are served, they will need 21 time to adequately prepare. Consequently, the Court VACATES all outstanding deadlines, 22 including the March 23, 2020 trial date, and SETS a status conference for March 3, 2020. 23 B. 24 No attorney shall withdraw an appearance without leave of court if the withdrawal will 25 leave the client without representation. W.D. Wash. Local Civ. R. 83.2(b)(1). An attorney will 26 ordinarily be permitted to withdraw until 60 days before the discovery cut-off date. Id. Even ORDER C19-1105-JCC PAGE - 2 Motion to Withdraw Case 2:19-cv-01105-JCC Document 31 Filed 01/31/20 Page 3 of 4 1 where the discovery cut-off date has passed, the court may permit an attorney to withdraw if a 2 continuance would resolve any prejudice the attorney’s client might face. Russell v. Zoellin, Case 3 No. C18-0827-JCC, Dkt. No. 55 at 2–3 (W.D. Wash. 2019). Ultimately, the decision to deny or 4 grant counsel’s motion to withdraw is within the discretion of the court. Washington v. Sherwin 5 Real Estate, Inc., 694 F.2d 1081, 1087 (7th Cir. 1982). 6 Mr. Miller offers no explanation for why he wishes to withdraw, (see generally Dkt. Nos. 7 26–27), and there are reasons to deny Mr. Miller’s motion. The discovery deadline passed on 8 November 4, 2019. (Dkt. No. 9 at 1.) Dispositive motions were due 13 days after Mr. Miller filed 9 his motion. (See id.; Dkt. No. 11.) And although Mr. Miller states that “[n]o motions, hearings, 10 or trial dates have been set or are pending,” (Dkt. No. 27 at 2), he is simply incorrect: trial is set 11 for March 23, (Dkt. No. 9 at 1), and Petitioners have not yet complied with the Court’s 12 November 14, 2019 order, (Dkt. No. 25 at 5). Consequently, Mr. Miller’s withdraw might pose a 13 real risk of prejudice under ordinary circumstances 14 These circumstances are not ordinary, however. Because of various delays, the Court 15 must reset the case’s schedule. Resetting the case’s schedule will alleviate any risk of prejudice 16 posed by Mr. Miller’s withdraw. That said, Petitioners still need to comply with the Court’s 17 November 14, 2019 order and serve the Army and SPS with an amended petition. Until 18 Petitioners serve the Army and SPS, the case cannot move forward. Accordingly, the Court will 19 not grant Mr. Miller permission to withdraw until Petitioners have served the Army and SPS. 20 The Court therefore ORDERS as follows: 21 1. 22 23 days of this order; 2. 24 25 Petitioners must serve the Army and SPS with an amended Petition within 14 Petitioners must promptly notify the Court after they have served the Army and SPS; 3. 26 Once Petitioners have notified the Court that they have served the Army and SPS, the Court will issue a minute order granting Mr. Miller’s motion to withdraw; and ORDER C19-1105-JCC PAGE - 3 Case 2:19-cv-01105-JCC Document 31 Filed 01/31/20 Page 4 of 4 1 4. 2 The Clerk is DIRECTED to re-note Mr. Miller’s motion to withdraw (Dkt. No. 27) for the Court’s consideration on February 11, 2020. 3 Petitioners are warned that if they fail to comply with this order, the Court may dismiss 4 their case. See Fed. R. Civ. P. 41(b). 5 III. 6 7 8 CONCLUSION For the foregoing reasons, the Court GRANTS Respondent’s motion (Dkt. No. 28) and ORDERS as follows: 1. 9 The Court VACATES all outstanding deadlines, including the March 23, 2020 trial date; 10 2. The Court SETS a status conference for March 3, 2020; 11 3. Petitioners must serve the Army and SPS with an amended Petition within 14 12 days of this order; 13 4. Petitioners must promptly notify the Court after they serve the Army and SPS; 14 5. Once Petitioners notify the Court that they have served the Army and SPS, the 15 16 Court will issue a minute order granting Mr. Miller’s motion to withdraw; and 6. 17 18 The Clerk is DIRECTED to re-note Mr. Miller’s motion to withdraw (Dkt. No. 27) for the Court’s consideration on February 11, 2020. DATED this 31st day of January 2020. A 19 20 21 John C. Coughenour UNITED STATES DISTRICT JUDGE 22 23 24 25 26 ORDER C19-1105-JCC PAGE - 4