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UMG RECORDINGS, INC. v. McCLEAN

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,
v.
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.

  Conclusion

  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.

  SO ORDERED.

20050804

© 1992-2005 VersusLaw Inc.



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