Brown v. Haider et al

Filing 75

ORDER (1) Conditionally Appointing Counsel for Limited Representation in Settlement Negotiations and (2) Staying Case for 120 Days. Signed by District Judge Matthew F. Leitman. (HRya)

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Case 4:21-cv-11565-MFL-PTM ECF No. 75, PageID.595 Filed 07/12/23 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID BROWN, Plaintiff, Case No. 21-cv-11565 Hon. Matthew F. Leitman v. SUSAN MCCAULEY, et al., Defendants. __________________________________________________________________/ ORDER (1) CONDITIONALLY APPOINTING COUNSEL FOR LIMITED REPRESENTATION IN SETTLEMENT NEGOTIATONS AND (2) STAYING CASE FOR 120 DAYS Plaintiff David Brown is a state inmate in the custody of the Michigan Department of Corrections (the “MDOC”). Now pending in this action is a claim by Brown that Defendant Donald Haiderer, O.D., violated his rights under the Eighth Amendment.1 At a hearing on June 10, 2023, the Court determined that the next step in this action should be for the parties to engage in settlement discussions. The Court believes that Brown would benefit from the assistance of appointed pro bono counsel for the limited purpose of assisting him during the parties’ upcoming settlement discussions.   parties dispute whether Brown’s allegations also include a claim of retaliation in violation of the First Amendment against Haiderer.  1  The 1 Case 4:21-cv-11565-MFL-PTM ECF No. 75, PageID.596 Filed 07/12/23 Page 2 of 2 Accordingly, this case is REFERRED to the Pro Bono Committee. Brown is conditionally granted appointment of counsel for the limited purpose of assisting him during settlement negotiations, provided that the committee is successful in enlisting pro bono counsel. The Court will also STAY this action for a period of 120 days while the committee attempts to obtain pro bono counsel. Once pro bono counsel is obtained, the Court will lift the stay and set a status conference with all counsel to discuss the settlement process. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: July 12, 2023 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 12, 2023, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126 2

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