UMG RECORDINGS, INC. v. McCLEAN

Full title: UMG RECORDINGS, INC., a Delaware corporation; BMG MUSIC, a New York…

Court: United States District Court, S.D. New York

Date published: Aug 4, 2005

No. 04 Civ. 8470 (KMW) (JCF) (S.D.N.Y. Aug. 4, 2005)

Opinion

No. 04 Civ. 8470 (KMW) (JCF).

August 4, 2005

MEMORANDUM AND ORDER

JAMES FRANCIS, Magistrate Judge

Norma McLean, the pro se defendant in this case, has applied for appointment of counsel. The threshold consideration in ruling on such an application is a showing of some likelihood of merit. Cooper v. A. Sargenti Co., 877 F.2d 170, 172-74 (2d Cir. 1989). Ms. McLean's application meets this standard, as she has asserted plausible factual defenses.

The remaining factors governing appointment of counsel likewise favor granting the defendant's application. She is indigent and highly unlikely to find an attorney willing to represent her. Though not complex, the case will turn largely on issues of credibility, making it important for the plaintiff to be represented both in discovery and at trial.

The defendant's application shall therefore be granted, and discovery shall be stayed pending appearance of volunteer counsel to represent her.

Conclusion

The Pro Se Office of the Court shall attempt to locate volunteer counsel to represent the defendant. Discovery is stayed pending the appearance of counsel on her behalf.

SO ORDERED.