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)

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. 

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 The

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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
[phone]

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