Kumer v. Hezbollah

E.D. New York

Kumer v. Hezbollah

DecidedSeptember 9, 2020

Docket1:18-cv-07449

StatusUnknown

This text of Kumer v. Hezbollah (Kumer v. Hezbollah) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kumer v. Hezbollah, (E.D.N.Y. 2020).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------x MALKA KUMER, et al.,

Plaintiffs, MEMORANDUM AND ORDER -against- 18-CV-7449 (CBA) HEZBOLLAH,

Defendant. ---------------------------------------------------------------x

ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE:

Currently pending before this Court, on a referral from the Honorable Carol Bagley Amon, is a letter-request filed by Martin G. Kirton, Esq., appointed criminal counsel for Alexei Saab (“Saab”), for appointment of counsel for Saab in this civil action. See Order (Sept. 9, 2020); Letter dated 8/28/20 to Judge Carol Bagley Amon from Martin G. Kirton, Esq. (filed on Sept. 9, 2020) (“8/28/20 Ltr.”), Electronic Case Filing Docket Entry (“DE”) #13. Saab was recently served with the summons and complaint, as a purported agent of defendant Hezbollah (“Hezbollah” or “defendant”), pursuant to Rule 4(h)(1) of the Federal Rules of Civil Procedure. See Status Report (July 27, 2020), DE #12; 8/28/20 Ltr. at 1. Mr. Kirton explains that he filed the instant application because “[i]t is unclear whether Mr. Saab is a party to this action or required to answer the summons and complaint.” See 8/28/20 Ltr. at 1. As noted above, Saab was served with process only in his capacity as an agent of Hezbollah, a defendant in this action. Accordingly, at this juncture, Saab’s lack of legal representation in this civil case will not cause him any prejudice. Even if Saab were a party in this action, civil litigants, unlike criminal defendants, do not enjoy a Sixth Amendment right to representation, see In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984), and the Court cannot compel an attorney to take a civil case without a fee, Mallard v. United States District

Court, 490 U.S. 296 (1989). CONCLUSION For the foregoing reasons, the application for appointment of counsel is denied. SO ORDERED.

Dated: Brooklyn, New York September 9, 2020

Roanne L. Mann /s/ ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------x MALKA KUMER, et al.,

Plaintiffs, MEMORANDUM AND ORDER -against- 18-CV-7449 (CBA) HEZBOLLAH,

Defendant. ---------------------------------------------------------------x

ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE:

Currently pending before this Court, on a referral from the Honorable Carol Bagley Amon, is a letter-request filed by Martin G. Kirton, Esq., appointed criminal counsel for Alexei Saab (“Saab”), for appointment of counsel for Saab in this civil action. See Order (Sept. 9, 2020); Letter dated 8/28/20 to Judge Carol Bagley Amon from Martin G. Kirton, Esq. (filed on Sept. 9, 2020) (“8/28/20 Ltr.”), Electronic Case Filing Docket Entry (“DE”) #13. Saab was recently served with the summons and complaint, as a purported agent of defendant Hezbollah (“Hezbollah” or “defendant”), pursuant to Rule 4(h)(1) of the Federal Rules of Civil Procedure. See Status Report (July 27, 2020), DE #12; 8/28/20 Ltr. at 1. Mr. Kirton explains that he filed the instant application because “[i]t is unclear whether Mr. Saab is a party to this action or required to answer the summons and complaint.” See 8/28/20 Ltr. at 1. As noted above, Saab was served with process only in his capacity as an agent of Hezbollah, a defendant in this action. Accordingly, at this juncture, Saab’s lack of legal representation in this civil case will not cause him any prejudice. Even if Saab were a party in this action, civil litigants, unlike criminal defendants, do not enjoy a Sixth Amendment right to representation, see In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984), and the Court cannot compel an attorney to take a civil case without a fee, Mallard v. United States District

Court, 490 U.S. 296 (1989). CONCLUSION For the foregoing reasons, the application for appointment of counsel is denied. SO ORDERED.

Dated: Brooklyn, New York September 9, 2020

Roanne L. Mann /s/ ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE

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