United States District Court, W.D. North Carolina, Asheville Division
Carleton Metcalf United States Magistrate Judge
matter is before the Court on a Motion to Withdraw (Doc. 41)
filed by attorney Aaron Mayer, counsel for Plaintiff.
hearing on this Motion was conducted on January 31, 2019.
Appearing at the hearing were Mr. Mayer, attorney Faison
Hicks (on behalf of Defendant Wazan), and attorney Corrine
Lusic (on behalf of Defendants Garrett, Harris, and
Thompkins). Plaintiff is incarcerated and did not appear. At
the conclusion of the hearing, the Court took the matter
under advisement. This Order now follows.
matter began with the filing of a complaint (Doc. 1) on
December 22, 2017. An Amended Complaint was filed by
Plaintiff on August 13, 2018 (Doc. 31).
Garrett, Harris, and Thompkins answered on August 17, 2018
(Doc. 34). Defendant Wazan filed a motion to dismiss in lieu
of an answer on December 17, 2018, along with a supporting
memorandum (Docs. 39, 40). No. response has been filed and
the Motion to Dismiss remains pending.
Basis for the Motion to Withdraw
evidence of record and the statements of counsel at the
hearing indicate that Mr. Mayer is admitted to practice law
in the states of North Carolina, South Carolina, and Florida.
According to the Motion and subsequent filings, his license
to practice law in South Carolina has been suspended since
August 2018, a situation he indicates resulted from his
failure to appear at an interview for which he did not
receive notice. The associated paperwork indicates that a
receiver (“Receiver”) has been appointed for his
practice and is to assume responsibility for Mr. Mayer's
client files. Mr. Mayer states, however, that the Receiver is
employed by the Office of Disciplinary Counsel with the State
of South Carolina and is empowered only to address issues
with Mr. Mayer's South Carolina cases, not any cases he
may have in North Carolina or elsewhere. He further advises
that the Receiver has specifically asked only for Mr.
Mayer's South Carolina files.
inquiry by the Court, Mr. Mayer advised that his license to
practice in Florida has also been suspended, in this instance
for failure to pay his annual state bar dues on time.
Mayer informed the Court that while his license to practice
in North Carolina is active and unencumbered, as a practical
matter, he is unable to proceed with representation of
Plaintiff or other similar matters due to the freezing of his
bank accounts in South Carolina by virtue of his suspension
in that state. During the hearing, Mr. Mayer also alluded to
personal circumstances that suggest he is not in a position
to represent Plaintiff zealously.
attorney who is a member in good standing of the North
Carolina State Bar is eligible for regular admission to
practice before this Court, as noted in Local Civil Rule
83.1(a). This District's records show that Mr. Mayer was
admitted to practice here on December 18, 2017.
attorney who has been admitted to practice in this District
is disbarred or suspended from the practice of law in any
court or by any state bar, disciplinary board, or other state
licensing agency, a judge of this Court may enter an order
immediately suspending that attorney from practice before
this Court or taking such other lesser action the Court deems
appropriate. See Local Civil Rule 83.2.
to Local Civil Rule 83.1(f), counsel seeking to withdraw must
electronically file written consent of his or her client.
Absent the client's consent, withdrawal may be obtained
only upon a showing of good cause ...