Rogers v. Roosevelt Union Free School District et al

Filing 45

ORDER denying 31 Motion to Compel. For the foregoing reasons, Plaintiff's requests for fee waivers are DENIED. The Clerk of the Court is directed to send a copy of this Order, the Courts form request to proceed in forma pauperis, and a copy of the docket sheet to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/15/12. C/M; C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
HELEN ROGERS,
Plaintiff,

ORDER
09-CV-3862(JS)(WDW)

-againstROOSEVELT UNION FREE SCHOOL DISTRICT,
ROBERT WAYNE-HARRIS, FAITH VAUGHNSHAVLIO, DONALD CRUMMELL, BARBARA
SOLOMON, TERRI McGRATH, YVES MONPOINT,
and JONATHAN FINCH, in their individual
and official capacities, and DONALD
HUMPHREY,
Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Helen Rogers, pro se
1104 Dekalb Avenue
Brooklyn, NY 11221
For Defendants:

David Scott Rutherford, Esq.
Julie Ann Rivera, Esq.
Samantha Velez, Esq.
Rutherford & Christie, LLP
369 Lexington Avenue, 8th Floor
New York, NY 10017

SEYBERT, District Judge:
The Court is in receipt of pro

se

Plaintiff Helen

Rogers’ (“Plaintiff”) request for “waiver of any and all fees
for documents requested by [Plaintiff], by or through the Court
and those still being held by the Law Firm of Leeds, Morelli and
Brown.”

(Docket

Entry

31.)

Plaintiff’s requests are DENIED.

For

the

following

reasons,

I.

Request for Documents from the Court
Plaintiff asks this Court to waive the fees associated

with obtaining copies from the Clerk’s Office of documents filed
in this action.

However, Plaintiff has failed to apply for in

forma pauperis status, which would potentially entitle her to
such relief, and has failed to indicate which documents she
wishes to obtain free-of-charge.

Therefore, Plaintiff’s request

is DENIED without prejudice with leave to re-file.
If Plaintiff wishes to re-file her motion for a waiver
of fees, she must:
pauperis
number.

and

(2)

(1) include a request to proceed in forma
identify

the

documents

requested

by

docket

Accordingly, the Clerk of the Court is directed to send

Plaintiff a copy of the Court’s form request to proceed in forma
pauperis and a copy of the docket sheet in this action.
The Court notes that attached to Plaintiff’s motion is
a prior request submitted to the Clerk’s Office for a copy of
every document filed in this case.

(See Docket Entry 34-1, at

4.)

alia, executed waivers of

This request included, inter

service and now-moot requests for extensions of time.

Plaintiff

will

that

only

reasonably

be

granted

necessary

a

fee

for

waiver

the

for

documents

prosecution

of

her

are

case.

Therefore, if Plaintiff re-files her fee-waiver motion, she must
either

tailor

her

request

or

document is needed.
2

explain

why

each

individual

II.

Request for Documents from Prior Counsel
Plaintiff

associated
Peter

J.

with

also

obtaining

Famighetti,

Esq.

asks

this

documents
of

Court
from

Leeds,

to

her

waive

prior

Morelli,

&

fees

counsel,

Brown,

P.C.

Plaintiff’s request is denied for two reasons.
Mr.

First,

Famighetti’s

request

to

be

relieved

as

counsel included a request that the Court place a work-product
lien on Plaintiff’s file.

“Under New York law, [such a] lien

entitles an attorney to keep, as security against payment of
fees, all client papers and property, including money, that come
into

the

attorney’s

possession

in

the

course

of

employment,

unless the attorney is discharged for good cause.”

Resolution

Trust Corp. v. Elman, 949 F.2d 624, 626 (2d Cir. 1991) (citing
People v. Keeffe, 50 N.Y.2d 149, 155-56, 428 N.Y.S.2d 446, 449,
405 N.E.2d 1012, 1015 (1980)).

Here, the Court granted Mr.

Famighetti’s request to withdraw as counsel because Plaintiff
failed

to

pay

outstanding

attorneys’

fees

and

expenses

and

expressed an inability to pay additional fees going forward.
Therefore, Mr. Famighetti is entitled to assert a lien over
Plaintiff’s file.
Second,

Plaintiff

indicates

in

her

letter

that

she

paid all outstanding monies due to Mr. Famighetti, so there are
no fees for the Court to “waive.”

3

Accordingly, Plaintiff’s motion for a waiver of all
fees associated with obtaining documents from Leeds, Morelli &
Brown is DENIED.
However, the Court can order Mr. Famighetti to turn
over Plaintiff’s documents once the outstanding fees are paid or
at least secured.
Therefore,

if

See Resolution Trust Corp., 949 F.2d at 626.

Plaintiff

has,

as

she

suggests,

paid

all

outstanding legal bills and Mr. Famighetti is still withholding
her documents, she may move the Court to compel the production
of her file.

Such motion must be made by March 16, 2012--three

weeks before the close of discovery.
CONCLUSION
For the foregoing reasons, Plaintiff’s requests for
fee waivers are DENIED.

The Clerk of the Court is directed to

send a copy of this Order, the Court’s form request to proceed
in forma pauperis, and a copy of the docket sheet to the pro se
Plaintiff.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

February 15 , 2012
Central Islip, NY

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