Head v. Artus et al

Filing 142

ORDER appointing pro bono counsel. Signed by Hon. Elizabeth A. Wolford on 07/08/2020. (CDH)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MICHAEL HEAD,
ORDER APPOINTING PRO
BONO COUNSEL
Plaintiff,
6:14-CV-06546 EAW
v.
CORRECTIONAL OFFICER JAMES
PICHETTE, et al.,

Defendants.

On June 1, 2020, this Court issued an Order authorizing a limited scope appointment
of pro bono counsel for this matter. (Dkt. 141).
IT IS HEREBY ORDERED that Thomas D’Antonio, Esq., of Ward Greenberg
Heller & Reidy LLP, 1800 Bausch & Lomb Place, Rochester, New York 14604, is assigned
pro bono, to represent Michael Head faithfully and diligently in this case for the limited
purpose of preparing for and participating in court-ordered mediation of this matter. The
parties shall contact the Mediator, ADR Administrator Amanda G. Williams, to schedule
the initial mediation session, which shall be held by September 30, 2020. The Mediator
will make arrangements with DOCCS for Plaintiff to participate in the mediation session.

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IT IS FURTHER ORDERED that Thomas D’Antonio shall provide pro bono
representation in affiliation with The Volunteer Legal Services Project of Monroe County
(“VLSP”). VLSP shall support Mr. D’Antonio in various ways including opening a pro
bono case file for this matter, but will not directly serve Michael Head. Any information
obtained by VLSP about Michael Head will be considered confidential per Rule 1.6 of the
New York Rules of Professional Conduct.
Thomas D’Antonio shall receive the benefits and protections afforded to other
volunteers of VLSP and shall periodically inform VLSP of the procedural status of this
case. When the representation is complete, Mr. D’Antonio shall inform VLSP of the
outcome and the total number of pro bono hours provided in this matter. Accordingly,
VLSP shall issue New York Continuing Legal Education credits to Mr. D’Antonio for his
pro bono work, to the extent permitted under the accreditation rules.
VLSP’s responsibilities under this Order shall end with the conclusion of this pro
bono assignment (whether through conclusion of assigned representation, withdrawal from
representation (with permission from the Court), or otherwise). VLSP may also apply to
the Court to terminate its responsibilities under this Order at any time, for good cause
shown.
The Clerk of Court shall send a copy of this Order to Mr. D’Antonio, along with the
Court’s Guidelines Governing the Reimbursement from the District Court Fund of
Expenses Incurred by Court Appointed Counsel. The Chief Judge of this Court will also
issue an Order directing PACER to waive its fees so that Thomas D’Antonio can access all
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documents filed in this case. If he is unable to access any document in this matter through
PACER on the Court’s Case Management/Electronic Case Management System, the Clerk
of Court shall provide a free copy of any such document to him upon request. Pursuant to
L.R. Civ. Pro. 83.3, in appropriate circumstances, appointed counsel may make a formal
request to the presiding judge for an appointment of pro bono co-counsel from the Court’s
Senior Pro Bono Panel.
Mr. D’Antonio shall contact Plaintiff within 14 days of the issuance of this order.
SO ORDERED.

____________________________
ELIZABETH A. WOLFORD
United States District Judge
Dated: July 8, 2020
Rochester, New York

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