Lin v. Yuri Sushi Inc

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x : TINGYAO LIN, : Plaintiff, : 18-CV-0528 (GBD) (OTW) : -against- : ORDER : YURI SUSHI INC., et al., : : Defendants. : -------------------------------------------------------------x ONA T. WANG, United States Magistrate Judge: On September 12, 2020, the pro se Defendant Sophia Lian submitted an application for appointment of counsel. (ECF 76). In determining whether to grant an application for counsel, the Court must consider “the merits of [a party’s] case, the [party’s] ability to pay for private counsel, his efforts to obtain a lawyer, the availability of counsel, and the [party’s] ability to gather the facts and deal with the issues if unassisted by counsel.” Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989) (per curiam). As a threshold matter, in order to qualify for appointment of counsel a party must demonstrate that her claim or defense has substance or a likelihood of success. See Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir. 1986); Principal Life Ins. Co. v. Brand, No. 15-cv-4803 (JS) (AKT), 2016 WL 11556547, at *1 (E.D.N.Y. Apr. 15, 2016). In reviewing a request for appointment of counsel, the Court must be cognizant of the fact that volunteer attorney time is a precious commodity and, thus, should not grant appointment of counsel indiscriminately. Cooper, 877 F.2d at 172. Appointment of counsel may not be warranted if the party’s chances of success with his claims or defenses are slight. Cooper, 877 F.2d at 172; Hodge, 802 F.2d at 60. A more fully developed record will be necessary before it can be determined whether Defendant’s chances of success warrant the appointment of counsel. Further, appointment of counsel does not guarantee that a party will obtain pro bono counsel. Accordingly, it is hereby

ORDERED that Ms. Lian’s application for the appointment of counsel (ECF 76) is denied without prejudice to renewal at such time as the existence of a potentially meritorious defense may be demonstrated. The Clerk of Court is directed to mail a copy of this Order to Defendants at: Yuri Sushi 374 West 46th Street New York, NY 10036.

SO ORDERED.

s/ Ona T. Wang Dated: September 30, 2020 Ona T. Wang New York, New York United States Magistrate Judge