Wilmington Trust v. Mason et al

Filing 40

ORDER - Mason's motion for appointment of counsel (filing 29 at 39) is granted. Mason's motion for leave to proceed in forma pauperis (filing 37 ) is granted. Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the inherent authority of the Court, Kamron T. Hasan and the law firm of Husch Blackwell LLP are appointed to represent Mason: Kamron T. Hasan, Husch Blackwell LLP, 13330 California Street, Suite 200, Omaha, NE 68154, 402-964-5000, The Clerk of the Court shal l provide a copy of this order to the above-named counsel. Counsel shall promptly enter an appearance accepting the Court's appointment. Expenses and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in NEGenR 1.7(g) and this district's Amended Federal Practice Fund Plan and the Federal Practice Committee Plan (as adopted March 11, 2014). Counsel is particularly directed to Section II(A)(1) (a), Section VI(A)(1), and Attachment A of the A mended Federal Practice Fund Plan, which explain what fees and expenses are authorized and how to seek reimbursement. Mason may file an amended response to the plaintiff's motion for judgment on the pleadings (filing 24 ), or an amended answer, on or before May 2, 2016. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILMINGTON TRUST, N.A.,
Plaintiff,
vs.

8:15-CV-296
ORDER

SHARYL A. MASON,
Defendant.
This matter is before the Court on what the Court understands to be a
motion for appointment of counsel (filing 29 at 39), that defendant Sharyl A.
Mason filed as part of her response to Wilmington Trust, N.A.'s motion for
judgment on the pleadings (filing 24). Mason has also filed a motion for leave
to proceed in forma pauperis (filing 37) at the Court's request, in order to
provide the Court with the financial information necessary to evaluate
Mason's need for appointed counsel. Both motions will be granted.
Pursuant to 28 U.S.C. § 1915(e)(1), the Court "may request an attorney
to represent any person unable to afford counsel." The Court must consider
the factual and legal complexity of the underlying issues, the existence of
conflicting testimony, and the ability of the indigent party to investigate the
facts and present her claims. Ward v. Smith, 721 F.3d 940, 942 (8th Cir.
2013); Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006).
Having conducted an initial review of the plaintiff's claims, the Court
finds that the issues are factually and legally complex. And the Court finds it
difficult to evaluate the merits of the plaintiff's claims, and any potential
defenses that Mason might have, without the assistance of opposing counsel.
Furthermore, the financial information provided by Mason shows that she
cannot afford to hire an attorney. Based on that information, the Court finds
that the criteria for appointment of counsel are satisfied in this case.
Currently pending before the Court is the plaintiff's motion for
judgment on the pleadings (filing 24). On its own motion, the Court will grant
Mason leave to file an amended response to that motion, or an amended
answer to the plaintiff's complaint, on or before May 2, 2016.

IT IS ORDERED:
1.

Mason's motion for appointment of counsel (filing 29 at 39)
is granted.

2.

Mason's motion for leave to proceed in forma pauperis
(filing 37) is granted.

3.

Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the
inherent authority of the Court, Kamron T. Hasan and the
law firm of Husch Blackwell LLP are appointed to
represent Mason:
Kamron T. Hasan
Husch Blackwell LLP
13330 California Street
Suite 200
Omaha, NE 68154
402-964-5000

4.

The Clerk of the Court shall provide a copy of this order to
the above-named counsel.

5.

Counsel shall promptly enter an appearance accepting the
Court's appointment.

6.

Expenses and attorney fees shall be paid from the Federal
Practice Fund under the restrictions set out in NEGenR
1.7(g) and this district's Amended Federal Practice Fund
Plan and the Federal Practice Committee Plan (as adopted
March 11, 2014). Counsel is particularly directed to Section
II(A)(1)(a), Section VI(A)(1), and Attachment A of the
Amended Federal Practice Fund Plan, which explain what
fees and expenses are authorized and how to seek
reimbursement.

7.

Mason may file an amended response to the plaintiff's
motion for judgment on the pleadings (filing 24), or an
amended answer, on or before May 2, 2016.

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Dated this 12th day of April, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge

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