District Court, W.D. Washington, 2024

Lysyy v. Deutsche Bank National Trust Company

Lysyy v. Deutsche Bank National Trust Company
District Court, W.D. Washington · Decided August 6, 2024
Lysyy v. Deutsche Bank National Trust Company

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 TATYANA LYSYY, et al., CASE NO. C24-0062JLR 11 Plaintiffs, ORDER v. DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., Defendants.

Before the court is attorney Richard L. Pope, Jr.’s motion to withdraw as counsel for Plaintiffs Tatyana Lysyy and Vasiliy Lysyy (together, “Plaintiffs”). (Mot. (Dkt. # 70).) Because no party filed an opposition to the motion before the August 2, 2024 response deadline, the court exercises its discretion pursuant to Federal Rule of Civil Procedure 1 to decide the motion before the noting date. See Fed. R. Civ. P. 1 (stating that the Federal Rules of Civil Procedure should be construed “to secure the just, speedy, and inexpensive determination of every action and proceeding”); (see generally Dkt.; see also 7/30/24 Min. Order (Dkt. # 71) (setting the noting date and response deadline in accordance with Local Rules W.D. Wash. LCR 7(d)(3)).) The court has considered the motion, the relevant portions of the record, and the governing law. Being fully advised, the court GRANTS Mr. Pope’s motion to withdraw.

5 Local Civil Rule 83.2(b)(1) provides that an “attorney will ordinarily be permitted to withdraw until sixty days before the discovery cut off date in a civil case.” Local Rules W.D. Wash. LCR 83.2(b)(1). Here, Mr. Pope states that he believes that his withdrawal is appropriate under the Washington Rules of Professional Conduct. (Mot. at 1.) The discovery deadline in this case does not expire until February 10, 2025—186 days after the noting date for Mr. Pope’s motion—and Mr. Pope has satisfied Local Civil Rule 83.2(b)(1)’s procedural requirements by including Plaintiffs’ address and telephone number in the motion and certifying that the motion was served on Plaintiffs and all opposing parties. (See generally Mot.; see Sched. Order (Dkt. # 69) at 1); see Local Rules W.D. Wash. LCR 83.2(b)(1). Therefore, the court GRANTS Mr. Pope’s motion to withdraw (Dkt. # 70).

16 The court advises Plaintiffs that they are now proceeding pro se and that they must comply with the Local Civil Rules and the Federal Rules of Civil Procedure in litigating this matter. See Muñoz v. United States, 28 F.4th 973, 978 (9th Cir. 2022) (noting that pro se litigants must adhere to the same procedural requirements as other litigants). The court DIRECTS Plaintiffs to review (1) this District’s resources for pro se litigants, // // available at https://www.wawd.uscourts.gov/representing-yourself-pro-se, and (2) the Local Civil Rules, available at https://www.wawd.uscourts.gov/local-rules-and-orders.

3 Dated this 6th day of August, 2024.

A 5 JAMES L. ROBART United States District Judge

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