FATIR v. KONINKLIJKE PHILIPS N.V. et al
Filing
6
MEMORANDUM OPINION re #5 MOTION to Appoint Counsel filed by AMIR FATIR. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 5/9/2024. (lyk)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF
PENNSYLVANIA
AMIR FATIR,
Plaintiff,
v.
KONINKLUKE PHILIPS, N.V., et al.,
Defendants.
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)
)
) Civil Action No. 24-580
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)
)
MEMORANDUM OPINION
Presently before the court is a MOTION FOR APPOINTMENT OF COUNSEL
(Document No. 5) filed pro se by plaintiff Amir Fatir (“plaintiff”). For the following reasons, the
motion will be denied without prejudice.
A plaintiff has no right to counsel in a civil case. Parham v. Johnson, 126 F.3d 454, 45657 (3d Cir. 1997). A court cannot compel counsel to represent an indigent civil litigant. Tarbon
v. Grace, 6 F.3d 147, 157 n.7 (3d Cir. 1993). A c o u r t m a y c o n s i d e r r e q u e s t i n g
c o u n s e l t o r e p r e s e n t a p l a i n t i f f . When considering whether to request counsel in a
civil case, a court must determine first whether the plaintiff’s claim has arguable merit in fact
and law. Tarbon, 6 F.3d at 155. Once a district court makes such a determination, it must
consider the following factors: (1) a plaintiff’s ability to present his or her own case; (2) the
difficulty of the particular legal issues; (3) the degree to which factual investigation will be
necessary and the ability of a plaintiff to pursue such investigation; (4) a plaintiff’s capacity to
retain counsel on his or her own behalf; (5) the extent to which a case is likely to turn on
credibility determinations; and (6) whether the case will require testimony from expert witnesses.
Gordon v. N. Gonzalez, 232 F. App’x 153, 156 (3d Cir. 2007); see Tarbon, 6 F.3d at 156-57.
The court is unable to evaluate the foregoing factors because no facts have been alleged
that might aid the court in evaluating whether requesting a counsel to represent plaintiff is
necessary. The court observes that the parties have reached settlements with respect to
economic losses and personal injury claims and have filed a motion for preliminary approval of
a medical monitoring class settlement. Accordingly, plaintiff’s request for the appointment of
counsel must be denied without prejudice.
The court forwarded plaintiff’s motion to attorney Aaron Rihn, for his consideration and
review. Attorney Rihn was appointed by the court as liaison counsel in the overall multidistrict
litigation at Master Docket No. 21-1230. A copy of this Opinion and Order will be mailed to
Plaintiff.
CONCLUSION
In accordance with the foregoing, Plaintiff’s Motion for Appointment of Counsel
(ECF No. 5) will be DENIED without prejudice.
An appropriate order will be entered.
DATED: May 9, 2024
BY THE COURT:
/s/ Joy Flowers Conti
Senior United States District Court Judge
cc:
Amir Fatir
PRO SE
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