UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER,

Plaintiff,

vs. Case No.: 3:20-cv-04698

ESCAMBIA COUNTY BOARD OF

COUNTY COMMISSIONERS and

RAYME EDLER,

Defendants.

_______________________________/

THE HEALTH LAW FIRM'S MOTION TO WITHDRAW

AS COUNSEL FOR DEFENDANT RAYME EDLER, M.D.

COMES NOW George F. Indest III, Esquire, and The Health Law Firm,

undersigned counsel for Defendant Rayme Edler, M.D., and files this Motion to

Withdraw as Counsel for Defendant, and as grounds for such Motion states:

1. Undersigned counsel and firm have been representing Defendant Dr.

Edler in other litigation involving the facts and issues associated with this case since

approximately May 2019, in the Florida Circuit Court for Escambia County. When

Dr. Edler first found out about a possible suit against her by Plaintiff Matthew

Selover in January 2020, she requested that undersigned counsel defend her in this

new case, too.

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2. In early February 2020, undersigned counsel was contacted by Claims

Analyst Camilla Conlon of Chubb Insurance Group. Ms. Conlon advised the

undersigned that Chubb Insurance had the insurance coverage for both Defendant

Escambia County Board of County Commissioners ("Escambia County") and

Defendant Rayme Edler, M.D., in this litigation. Ms. Conlon requested that the

undersigned appear in this litigation and represent Defendant Dr. Edler, as there was

a potential for a conflict of interest between Escambia County and her. She advised

that Chubb would cover the legal fees and costs involved. At that time the case was

still pending in the Florida State Circuit Court for Escambia County. The undersigned agreed.

3. Undersigned counselfor Defendant Dr. Edler appeared in the state court

action and later filed a Notice of Removal to this Court (Doc. 2).

4. Undersigned filed a motion for an extension to reply to the original

Complaint in this matter, based on Dr. Edler's unavailability and work disruptions

being incurred by the undersigned firmattributable to the COVID-19 pandemic (Doc.

6).

5. Dr. Edler is the Medical Director for Escambia County, The Medical

Director for the Escambia County Jail and the Medical Director of Emergency

Medical Services for Escambia County. Additionally, she is board certified in

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emergency medicine and ordinarily spends her weekends working in the Emergency

Department of Baptist Hospital Pensacola. She has been largely unavailable and

unable to communicate with the undersigned since the present pandemic started.

6. The Court granted the motion for extension of time to respond (Doc. 7).

7. Undersigned counsel and his firm began actively and intensively

working on a Motion to Dismiss and other responses to the Complaint that had been

filed (which undersigned believed would be dispositive of the case against Dr. Edler),

as well as the discovery that had been served by Plaintiff. Undersigned has also

expended numerous hours coordinating and planning Dr. Edler's defensewith counsel

for Escambia County.

8. On April 2 undersigned counsel was contacted again by Ms. Camilla

Conlon, Claims Analyst for Chubb Insurance. Ms. Conlon advised that Escambia

County had a very large retention (or "deductible") under its policy with Chubb and

"they have decided to go another way with legal counsel for Dr. Edler" (or words to

that effect). Ms. Conlon advised that undersigned counsel should do no more work

on the case as a different attorney would be taking over the defense of Dr. Edler in

this case. Ms. Conlon stated thatshe was aware that Dr. Edler had incurred legal fees

and expenses with the undersigned law firm in its initial representation of her, for

which they were liable and would pay.

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9. When asked by undersigned counsel to whom the firm's bills for the

work to date should be submitted for payment, Ms. Conlon stated that Escambia

County was actually responsible for paying these and that the firm's bills should be

sent straight to the Risk Manager for Escambia County (naming him by name) and

Escambia County would pay them.

10. Since April 2, 2020, undersigned counsel hassent numerous e-mails and

letters to Defendant Dr. Edler advising her of these matters and requesting her

permission to withdraw from representing her further in this case. Additionally,

undersigned counsel has been working with Dr. Edler's local counsel in Pensacola,

and he also had sent her numeroustext messages and made numerous telephone calls

to her. None of the foregoing were being answered up until April 6, 2020.

11. On April 6, 2020, Dr. Edler sent a brief text to undersigned counsel and

her local counsel indicating that she was being overwhelmed in treating COVID-19

pandemic victims in Escambia County and did not have time for anything else. She

also indicated that the Risk Manager for Escambia County had contacted her and

assured her that her legal bills for this case would be paid by Escambia County and

that it was obtaining a new attorney to represent her in this litigation.

12. On April 6, 2020, undersigned counsel forwarded its final bills in this

matter (through April 2, 2020) for this case directly to the Risk Manager of Escambia

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County for payment, via overnight delivery.

13. On April 6, 2020, undersigned counsel e-mailed Dr. Edler a consent to

withdraw from this case for her to sign. Exhibit 1.

14. Dr. Edler indicated through local counsel thatshe had no way to sign and

return the document. Instead, on April 7, 2020, she responded by e-mail stating "You

have my consent to withdraw." Exhibit 1.

15. Accordingly, undersigned counsel hereby moves the Court to enter an

Order allowing George F. Indest III, Esquire, and The Health Law Firm to withdraw

from any further representation of Dr. Edler in this case and having no further

responsibilities in it.

16. Undersigned has a retaining lien on all documents and file in its

possession, notice of which has been separately filed with the Court.

17. The instant Motion has been filed at the early stages of Defendant’s case,

and withdrawal can be accomplished without any material adverse effect on the

interests of Defendant.

18. Until new counsel appears for Dr. Edler and is authorized by the Court

to represent her, all future pleadings and papers should be served upon Defendant at

her office address which is:

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Rayme M. Edler, M.D.

Escambia County Medical Director

6575 North W Street

Pensacola, Florida 32505

Office: (850) 471-6416

E-mail: rmedler@myescambia.com

WHEREFORE, George F. Indest III, Esquire, and The Health Law Firm,

counsel for Defendant Rayme Edler, M.D., respectfully request this Court enter an

Order allowing undersigned them to withdraw from further representation of

Defendant Dr. Edler in this case and to have no further responsibilities in it.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have filed this document electronically with the

Clerk of Court via the CM/ECF System, which automatically serves all counsel of

record, and via e-mail to Defendant Dr. Edler at rmedler@myescambia.com and via

U.S. mail, postage prepaid, to Rayme M. Edler, M.D., Escambia County Medical

Director, 6575 North W Street, Pensacola, Florida 32505, this 9th day of April 2020.

/s/ George F. Indest

__________________________________________

GEORGE F. INDEST III, J.D., M.P.A., LL.M.

Florida Bar No.: 382426

Primary e-mail: GIndest@TheHealthLawFirm.com

Secondary e-mail: CourtFilings@TheHealthLawFirm.com

TRIAL COUNSEL/LEAD ATTORNEY

ATTORNEY TO BE NOTICED

THE HEALTH LAW FIRM

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1101 Douglas Avenue, Suite 1000

Altamonte Springs, Florida 32714

Telephone: (407) 331-6620

Telefax: (407) 331-3030

ATTORNEY FOR PLAINTIFF

RAYME M. EDLER, M.D.

Exhibit 1 E-mail from Rayme Edler, M.D., to George F. Indest III, consenting to

withdrawal as counsel, dated April 7, 2020 (w/prior e-mail of April 6,

2020)

GFI/pa

S:\2500-2599\2531\002\410-Pleadings-Drafts & Finals-Fed\Motion to Withdraw-FINAL.wpd

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