Jeremiah Folsom Herbert v. N. Korines, et al.

Summary

The United States District Court for the Southern District of New York denied Plaintiff Jeremiah Folsom Herbert’s requests to conduct depositions remotely and to serve interrogatories as premature while a motion to dismiss remains pending. The Court also denied without prejudice his request for appointment of pro bono counsel, concluding that the case was at an early stage and that no circumstances then warranted appointment.

Holdings

1. The court denied the requests for remote depositions and interrogatories as premature because current motion practice had not been resolved; Plaintiff could renew the requests if the matter proceeded to discovery.
2. Appointment of pro bono counsel was denied without prejudice because the court could not conclude that Plaintiff's position showed a strong or substantial chance of success, the legal issues were not particularly complex, and the record did not establish that Plaintiff could not handle the case without assistance at that stage.

Questions Presented

1. Whether the court should authorize depositions through a remote-conferencing platform and permit interrogatories before resolution of the pending motion to dismiss.
2. Whether Plaintiff should be appointed pro bono counsel under 28 U.S.C. § 1915(e)(1) at the current stage of the litigation.

Disposition

other