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Kopperud v. Mabry

United States District Court, N.D. Georgia, Atlanta Division

May 4, 2015

ROBERT KOPPERUD, Plaintiff,
v.
DEXTER MABRY, in his individual capacity, Defendant.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on R. David Ware's, Walter B. Yarbrough's, and Jenise Smith's (together, "Counsel") Motion to Withdraw from the Representation of Defendant Mabry Pursuant to L.R. 83.1(E) (the "Motion to Withdraw").

I. BACKGROUND

On October 8, 2012, Plaintiff Robert Kopperud's ("Plaintiff") filed this action under 28 U.S.C. § 1983 against Defendant Dexter Mabry ("Mabry") and Defendant Damien Butler ("Butler") in their individual capacities. On July 2, 2013, Plaintiff filed his Consolidated Consent Motion for Limited Discovery Depending on the Outcome of Dispositive Motions [50] ("Discovery Motion"), requesting that the Court grant additional time for Plaintiff to depose certain witnesses. On August 1, 2013, Mabry and Butler filed their Motion for Summary Judgment [51].

On December 18, 2013, the Court granted [80] summary judgment in favor of Butler on all counts and dismissed Butler from this action, and granted summary judgment in favor of Mabry on some, but not all, of Plaintiff's counts. The Court also granted the Discovery Motion, extending the discovery deadline to February 14, 2014, for the limited purpose of conducting additional depositions related to Plaintiff's false arrest claim against Mabry. On January 16, 2014, Mabry appealed [82] the Court's denial of summary judgment in his favor, and on July 28, 2014, the Eleventh Circuit entered its judgment affirming [97] (the "July 28th Opinion) the Court's January 16, 2014, decision, finding that:

In the light of this record and the then-clearly-established law, no reasonable officer in the same circumstances and possessing Deputy Mabry's knowledge could have believed that probable cause existed to arrest Plaintiff for criminal trespass, when and where Plaintiff was arrested.

(July 28th Opinion ¶ 7).[1]

On September 4, 2014, Plaintiff and Mabry (together, the "Parties") filed their Consent Motion to Stay Case [101] ("Stay Motion"), requesting a stay of this action until October 4, 2014, to allow the Parties to conduct settlement negotiations. On September 9, 2014, the Court granted the Stay Motion. On October 9, 2014, the Court stayed the case for an additional thirty (30) days, or through November 3, 2014.

On December 12, 2014, the Court ordered [109] the Parties to file on or before December 19, 2014, their proposed consolidated pretrial order. On December 15, 2014, the Court, at the request of the Parties, held a status conference by telephone. During the status conference, counsel for Plaintiff requested additional time to conduct the depositions the Court had previously agreed to allow prior to Mabry's appeal. Counsel informed the Court that they intended to file a motion to withdraw as counsel.

On December 15, 2014, Plaintiff filed his Motion for Leave to Depose Fact Witnesses Before Trial [111] ("Deposition Motion") and Motion to Modify This Court's Order Regarding the Submission of the Parties' Proposed Pre-Trial Order [112] ("Scheduling Motion"), requesting that the Court permit Plaintiff to depose Rockie Smith, James Gates, Mark Shaw, and Kimarie Bell, and any new witness named by Mabry. Plaintiff requested that he be permitted to submit proposed dates for these depositions within two (2) days after the resolution of Counsel's to-be-filed motion to withdraw. On December 15, 2014, Plaintiff filed his Scheduling Motion, requesting that the Court order that no pretrial report is due until after Counsel's to-be-filed motion to withdraw is resolved. The Deposition Motion and Scheduling Motion were unopposed.

On December 17, 2014, the Court granted [115] Plaintiff's Deposition Motion and Scheduling Motion, and ordered that Plaintiff must submit proposed dates for the depositions of Rockie Smith, James Gates, Mark Shaw, and Kimarie Bell within ten (10) days after the Court's order on the Motion to Withdraw, and required the Parties to file their proposed consolidated pretrial order within two (2) weeks after the depositions are concluded.

On December 16, 2014, Counsel filed their Motion to Withdraw.[2]

II. DISCUSSION

A. Legal ...


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