Gordon v. Greenberg Traurig, LLP et al

Filing 9

Gordon v. Greenberg Traurig, LLP et al

Doc. 9

Case 1:06-cv-03278-AKH

Document 9

Filed 06/23/2006

Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------x : EVELYN L. GORDON, : : Plaintiff, : : -against: : GREENBERG TRAURIG, LLP and : ALBERT L. JACOBS, JR., : : Defendants. : ------------------------------------------------------x ALVIN K. HELLERSTEIN, U.S.D.J.:

ORDER DENYING APPOINTMENT OF COUNSEL 06 Civ. 3278 (AKH)

Plaintiff Evelyn L. Gordon, appearing pro se, has made an application for appointment of counsel, dated June 14, 2006. In light of the decisions of the Second Circuit in Cooper v. A. Sargenti Co., Inc., 877 F.2d 170 (2d Cir. 1989), and Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), I deny the application. The threshold question in determining whether or not to assign counsel to an indigent plaintiff is whether his or her claim is "likely to be of substance." Cooper, 877 F.2d at 172. If a claim is found likely to be of substance, Hodge then articulates additional factors to be considered with respect to whether or not counsel should be appointed. Those factors are "the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Hodge, 802 F.2d at 61-62. Volunteer time of lawyers is a scarce resource that should be carefully allocated. -1-

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Case 1:06-cv-03278-AKH

Document 9

Filed 06/23/2006

Page 2 of 2