Ellis v. County of Monroe et al

Filing 26

DECISION & ORDER appointing Clark J. Zimmermann, Jr., Esq., of Trevett Christo, pro bono, to represent defendant Willie C. Washington in this case. The Clerk of Court shall send a copy of this Order to counsel, along with this Court's Gui delines Governing 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 pro bono counsel can access any ot her documents filed in this case that he may need. If any portion of the file in this matter is not available through PACER on the Court's Case Management/Electronic Case Management System, the Clerk of the Court shall provide a free copy of an y such documents to pro bono counsel upon request. Status Conference set for 10/5/2017 11:40 AM before Hon. Marian W. Payson. (Attorney Clark J. Zimmermann, Jr. for Willie C. Washington added.) Signed by Hon. Marian W. Payson on 9/15/2017. (KAH) Copy of this Decision & Order sent by First Class Mail to defendant Willie C. Washington on 9/15/2017 to 349 Otis Street, Rochester, NY 14606. -CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________________
RONICCA ELLIS,
Plaintiff,
-vsCOUNTY OF MONROE, MONROE COUNTY
DEPARTMENT OF HUMAN SERVICES,
MONROE COUNTY WORK EXPERIENCE
PROGRAM, 691 ST. PAUL STREET LLC,
WILLIE C. WASHINGTON, and
ROCHESTERWORKS, INC.,

DECISION AND ORDER

16-CV-6788G

Defendants.
___________________________________________

On November 21, 2017, plaintiff filed a Verified Complaint in New York State
Supreme Court for Monroe County. On December 6, 2016, this case was removed to the
United States District Court for the Western District of New York pursuant 28 U.S.C.
§1441 and §1446.

Under 28 U.S.C. ' 1915(e), the Court may appoint counsel to assist indigent
litigants, see, e.g., Sears, Roebuck & Co. v. Charles Sears Real Estate, Inc., 865 F.2d 22,
23 (2d Cir. 1988), and the assignment of pro bono counsel in civil cases is within the trial
court’s discretion. In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984).
Additionally, each lawyer -- especially those who are admitted to practice in
federal court and who are, therefore, in a position to reap the benefits of such practice -has a professional obligation to provide pro bono services for the poor. See New York

Rules of Professional Conduct, Rule 6.1. In addition, Rule 83.1(f) of the Local Rules of
Civil Procedure provides that:
Every Member of the bar of this Court who maintains, or
whose firm maintains, an office in this District, shall be
available upon the Court’s request for appointment to
represent or assist in the representation of indigent parties.
Appointments under this Rule shall be made in a manner such
that no Member shall be requested to accept more than one
(1) appointment during any twelve (12) month period.
Because the Court finds that appointment of counsel is warranted in this case, the
Court assigns Clark J. Zimmermann, Jr., Esq. of Trevett Cristo, pro bono, to faithfully
and diligently represent defendant Willie C. Washington in this case.
The Clerk of Court shall send a copy of this Order to counsel, along with this
Court’s Guidelines Governing Reimbursement from the District Court Fund of Expenses
Incurred by Court Appointed Counsel.1 The Chief Judge of this Court will also issue an
Order directing PACER to waive its fees so that pro bono counsel can access any other
documents filed in this case that he may need. If any portion of the file in this matter is
not available through PACER on the Court’s Case Management/Electronic Case
Management System, the Clerk of the Court shall provide a free copy of any such
documents to pro bono counsel upon request.

This information and the forms are also available on the Court’s web site at the
Attorney
Information
link
from
the
home
page
located
at
http://www.nywd.uscourts.gov/pro-bono-program-district-court-fund.
1

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A status conference with counsel relative to this matter is scheduled for October
5, 2017, at 11:40 a.m., before the undersigned.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge

Dated:

September 15, 2017
Rochester, New York

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