Johnston v. Genesee County Sheriff Maha et al

Filing 65

ORDER granting 64 Motion to Appoint Counsel. David H. Reichenberg, Esq., and Morris Fodeman, Esq., both of the law firm of Wilson Sonsini Goodrich and Rosati, are hereby appointed to represent plaintiff for all purposes in this matter, pursuant to 28 U.S.C. § 1915(e)(1) and Local Rule 83.1(f) of the Local Rules of Civil Procedure for this District. Jessica M. Patrick, Esq., of the law firm of Harter, Secrest & Emery LLP, is appointed to serve as local counsel.The parties are directed to contact Magistrate Judge Marian W. Payson, to whom this action has previously been referred for pretrial purposes, to schedule a status conference in this case. Signed by Hon. David G. Larimer on 3/5/12. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
DAVID JOHNSTON,

Plaintiff,
DECISION AND ORDER
06-CV-6001L
v.
GENESEE COUNTY SHERIFF MAHA,
et al.,

Defendants.
________________________________________________

On February 21, 2012, the Court issued an Order (Dkt. #62), denying defendants’ motion
for summary judgment on Counts One, Two and Three of the complaint, pursuant to the
February 2, 2012 order of the Court of Appeals for the Second Circuit vacating in part an earlier
decision of this Court, and remanding for further proceedings. See __ Fed. Appx. ___, 2012 WL
313571.
Plaintiff, who brought this action pro se, was represented on appeal by David H.
Reichenberg, Esq., who was appointed by the Second Circuit as pro bono counsel. Plaintiff now
moves before this Court for an order appointing Reichenberg as pro bono counsel for purposes of
the proceedings in this Court. In a letter to the Court, Reichenberg has indicated his willingness
to accept such an appointment, and has also requested that two other attorneys, Morris Fodeman,

Esq. and Jessica M. Patrick, Esq., be appointed as co-counsel. Apparently both Mr. Fodeman
and Ms. Patrick have expressed their willingness to serve as co-counsel in this case.
The Court finds that plaintiff has demonstrated adequate grounds for appointment of
counsel. Accordingly, plaintiff’s motion is granted, and Reichenberg is appointed to represent
plaintiff, as set forth in the Conclusion of this Order.

ORDER

Plaintiff’s motion for appointment of counsel (Dkt. #64) is granted. David H.
Reichenberg, Esq., and Morris Fodeman, Esq., both of the law firm of Wilson Sonsini Goodrich
and Rosati, are hereby appointed to represent plaintiff for all purposes in this matter, pursuant to
28 U.S.C. § 1915(e)(1) and Local Rule 83.1(f) of the Local Rules of Civil Procedure for this
District. Jessica M. Patrick, Esq., of the law firm of Harter, Secrest & Emery LLP, is appointed
to serve as local counsel.
The parties are directed to contact Magistrate Judge Marian W. Payson, to whom this
action has previously been referred for pretrial purposes, to schedule a status conference in this
case.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
March 5, 2012.
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