Edward Michael Daspin v. Matthew Daspin and Karen Polanco

Summary

The United States District Court for the District of New Jersey appoints pro bono counsel for pro se Plaintiff Edward Michael Daspin under 28 U.S.C. § 1915(e)(1). The Court finds that all six Tabron factors support appointment, citing Plaintiff’s age, hearing impairment, difficulty presenting and investigating his claims, disputed factual issues, anticipated expert testimony, and asserted inability to afford counsel. The Court administratively terminates Plaintiff’s motion to amend, permits counsel to file an amended-complaint motion by December 31, 2025, and schedules a status conference for January 6, 2026.

Holdings

1. For purposes of the pro bono counsel determination only, the court assumed without deciding that Plaintiff's claims had some arguable merit in fact and law.
2. Appointment of pro bono counsel was appropriate because all six Tabron factors favored appointment, including Plaintiff's inability to present an effective case, the difficulty of the legal and factual issues, the need for factual investigation and likely expert or accounting testimony, credibility disputes, and Plaintiff's inability to afford counsel.
3. Plaintiff's motion to amend at ECF No. 48 was administratively terminated, and Plaintiff's appointed counsel was granted leave to file a motion to amend by December 31, 2025.

Questions Presented

1. Whether Plaintiff's claims had sufficient arguable merit for purposes of considering appointment of pro bono counsel.
2. Whether the Tabron factors supported appointment of pro bono counsel for Plaintiff under 28 U.S.C. § 1915(e)(1).
3. Whether Plaintiff's pending motion to amend should be administratively terminated to permit appointed counsel to evaluate the claims and pursue amendment.

Disposition

other