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Case 2:07-cv-02513-GMS Document 2044 Filed 05/18/17 Page 1 of 3

1 Stephen M. Dichter, 004043


sdichter@cdslawfirm.com
2 CHRISTIAN DICHTER & SLUGA, P.C.
2700 North Central Avenue, Suite 1200
3 Phoenix, Arizona 85004
Telephone: (602) 792-1700
4 Facsimile: (602) 792-1710
5 Attorney for Joseph Sousa
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UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
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Manuel de Jesus Ortega Melendres, et al, Case No. CV 07-02513-PHX-GMS
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Plaintiffs, NOTICE OF WITHDRAWAL FROM
10 AND ABANDONMENT OF
vs. MOTION TO RECUSE COURT AND
11 FOR DISCOVERY IN
Joseph M. Arpaio, et al, CONNECTION THEREWITH BY
12 NON-PARTY JOSEPH SOUSA
Defendants.
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When represented by former counsel, Joseph Sousa was a participant in two motions filed
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recently in this case. These were Doc. 1878, Motion to Recuse filed November 10, 2016 and Doc.
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17 1884, Motion to Permit Discovery re Ex Parte Communications. He was also a participant in
18 Doc. 1987, the Brief Regarding Standing, filed March 23, 2017.
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Any lawyer, upon undertaking a representation, is required to review the outstanding issues
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and the papers filed bearing upon those issues. This is especially true where the incoming lawyer
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22 would, as here, be required to file Replies to the Plaintiffs responses to the aforestated Motions
23 and, if oral argument was set, to participate in such oral argument. In this case, replies are required
24 to be filed by June 7, 2017.
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So that the record be clear, notwithstanding the fact that new counsel is appearing on May
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27 18, 2017 and that the shortness of time between the present date and June 7, 2017 might suggest,
28 to some, a need for more time to file replies, no such request is necessary.
Case 2:07-cv-02513-GMS Document 2044 Filed 05/18/17 Page 2 of 3

I have reviewed the above numbered motions and responses, including the Brief of the
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2 United States regarding standing (Doc. 2008, filed April 14, 2017). I am cognizant of each
3 lawyers individual responsibility under Rule 11, F.R.Civ.P. and under E.R.s 3.1 and 3.3 of Rule
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42 of the Rules of the Supreme Court of Arizona, to carefully consider the pleadings that a lawyer
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is going to sign and the positions a lawyer is going to urge as a clients advocate. Each lawyer, it
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7 may be said, may reasonably reach a different conclusion when engaging in such an analysis and,
8 in reaching my own conclusion, I express no views as to how others might resolve the same issues.
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I speak solely for my client and myself.
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As Mr. Sousas new counsel, I am unable to both adhere to my duties under the Rules and
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12 seek to advance the positions urged in the two Motions by signing the Replies or urging the
13 positions set-forth in the moving papers. Nor am I able to assert that he has standing with respect
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to the Motions. The principal argument made in favor of standing, with respect to Mr. Sousa,
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fell-away once he retired from the Sheriffs Office. This occurred effective April 28, 2017.
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17 Therefore, Mr. Sousa respectfully withdraws from, and abandons, the positions urged by

18 his former counsel on his behalf in Docs. 1987, 1884, and 1878 and places all interested parties
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on notice that he is no longer seeking any of the relief sought in those pleadings.
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RESPECTFULLY SUBMITTED this 18th day of May, 2017.
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22 CHRISTIAN DICHTER & SLUGA, P.C.

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By: /s/ Stephen M. Dichter
24 Stephen M. Dichter
2700 North Central Avenue, Suite 1200
25 Phoenix, Arizona 85004
Attorney for Joseph Sousa
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Case 2:07-cv-02513-GMS Document 2044 Filed 05/18/17 Page 3 of 3

1 CERTIFICATE OF SERVICE

2 I hereby certify that on May 18, 2017, I electronically transmitted the attached document to

3 the Clerks Office using the CM/ECF system for filing and served on counsel of record via the
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Courts CM/ECF system.
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7 /s/ Yvonne Caez
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