Eric J. Fjelstad, OSB No. 89238

SMITH & FJELSTAD

722 N. Main

Gresham, Oregon 97030

Tel: (503) 669-2242

Fax: (503) 669-2249

E-mail: smithandfjelstad@frontier.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

PORTLAND DIVISION

JULIE FILAMORE-ANGEL,

Plaintiff,

v.

PROVIDENCE HEALTH & SERVICESOREGON, d.b.a., PROVIDENCE ST.

VINCENT MEDICAL CENTER,

Defendant.

Civ. No. 3:14-cv-01278

DECLARATION OF ERIC J. FJELSTAD IN

SUPPORT OF COUNSEL’S MOTION TO

WITHDRAW

Eric J. Fjelstad, being aware of the penalties of perjury, declares the following to be true

and accurate to the best of his knowledge and belief:

This case was one of about 25 cases that I took over after my long time partner, Kerry

Smith, very unexpectedly passed away on March 20, 2015. I felt obligated at the time to take as

many of Kerry’s cases as possible to ensure that his widow received a reasonable share of any

settlements or positive verdicts from Kerry’s cases. As the months since Kerry’s death have

passed, I have become more and more overwhelmed due to the number of cases that I am

handling and simply not having a partner and friend around to bounce ideas off. I have also

developed anxiety that causes me to freeze up in the face of controversy. This admittedly has

slowed my practice down even further.

Part of the problem of which I am now aware with taking on as many cases as I did is that

PAGE 1 - ERIC J. FJELSTAD DECLARATION

SMITH & FJELSTAD

722N. Main

Gresham, Oregon 97030

Telephone:(503) 669-2242\ Facsimile:(503) 669-2249

Case 3:14-cv-01278-JE Document 15 Filed 09/10/15 Page 1 of 3
I was unable to accurately and fully docket some deadlines in Kerry’s cases. One of those

deadlines was the discovery deadline in this case. Defense counsel called me in mid-July and

informed me that the discovery deadline had passed as of June 30, 2015 and that the dispositive

motion deadline was at the end of the month. This was the first that I had heard of this fact. I

informed defense counsel that I had made up my mind that I needed to withdraw from a few of

Kerry’s cases at that time due to the facts noted above. I stated that if need be, we could ask the

court then, before I withdrew, to reopen discovery as it was obvious I would need to do so. My

feeling at the end of the conversation was that defense counsel understood the nature of my

problem.

To complicate matters extensively, I was beginning to experience problems getting both

mail delivered to my office and with the only computer in the office that received emails to our

firm’s email address. Since about mid-July, a new postal delivery person rarely delivers mail to

my office before the end of the work day, meaning that sometimes a week or more passes before

I get my mail. The computer finally broke down completely during the last few days of July,

preventing me from getting emails until I ultimately fixed it on about August 20. Moreover,

during the last one-half of July and first one-half of August, I took a couple of short vacations

and a few “stress days” out of the office. I also was out of the office for business-related reasons.

As a result, I did not receive defense counsel’s letter stating that she would file summary

judgment unless I filed my motion to withdraw by July 24, 2015 until about August 17, 2015. I

also was not getting emails for about three weeks, during which time counsel apparently filed the

motion for summary judgment, so I was not alerted to the problem during that time. I did not

learn that defendant had filed the summary judgment motion until I received an email from the

court stating that my response to the summary judgment motion was overdue. Since then, I have

spent considerable time analyzing what I can do to try and get this case back on track without any

prejudice to the plaintiff.

I have communicated with the plaintiff about my intent to withdraw. She does not consent

PAGE 2 - ERIC J. FJELSTAD DECLARATION

SMITH & FJELSTAD

722N. Main

Gresham, Oregon 97030

Telephone:(503) 669-2242\ Facsimile:(503) 669-2249

Case 3:14-cv-01278-JE Document 15 Filed 09/10/15 Page 2 of 3
to it, but I must do it nonetheless for the reasons stated above.

My fervent hope is that the court will allow me to withdraw, but stay these proceedings

until the plaintiff can find new counsel. Then, upon her finding new counsel, reopen discovery so

that full discovery may be completed and this case tried fairly.

Dated September 10, 2015.

______/s/ Eric J. Fjelstad_______

Eric J. Fjelstad

PAGE 3 - ERIC J. FJELSTAD DECLARATION

SMITH & FJELSTAD

722N. Main

Gresham, Oregon 97030

Telephone:(503) 669-2242\ Facsimile:(503) 669-2249

Case 3:14-cv-01278-JE Document 15 Filed 09/10/15 Page 3 of 3