United States District Court, S.D. New York
August 4, 2005.
UMG RECORDINGS, INC., a Delaware corporation; BMG MUSIC, a New York general partnership; SONY BMG MUSIC ENTERTAINMENT, a Delaware partnership; and ARISTA RECORDS LLC, a Delaware limited liability company, Plaintiffs,
NORMA McCLEAN, Defendant.
The opinion of the court was delivered by: JAMES FRANCIS, Magistrate Judge
MEMORANDUM AND ORDER
Norma McLean, the pro se defendant in this case, has
applied for appointment of counsel. The threshold consideration
in ruling on such an application is a showing of some likelihood
of merit. Cooper v. A. Sargenti Co., 877 F.2d 170, 172-74 (2d
Cir. 1989). Ms. McLean's application meets this standard, as she
has asserted plausible factual defenses.
The remaining factors governing appointment of counsel likewise
favor granting the defendant's application. She is indigent and
highly unlikely to find an attorney willing to represent her.
Though not complex, the case will turn largely on issues of
credibility, making it important for the plaintiff to be
represented both in discovery and at trial.
The defendant's application shall therefore be granted, and discovery shall be stayed pending appearance of volunteer counsel
to represent her.
The Pro Se Office of the Court shall attempt to locate
volunteer counsel to represent the defendant. Discovery is stayed
pending the appearance of counsel on her behalf.
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