UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
April 16, 2013
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: John Gleeson, United States District Judge:
On March 27, 2013 I issued an Order to Show Cause why this case should not be dismissed for want of prosecution due to inactivity by the Government since April 2011. On March 28, 2013 the Government filed a letter application for a pre-motion conference for a motion for summary judgment. On April 8, 2013 the parties appeared before me.
During the conference, I indicated my inclination to appoint Kennebrew a lawyer to "help her get to the bottom of whether there is one loan or two, or whether there is any legal defense and help negotiate a disposition." The following colloquy also occurred:
THE COURT: . . . I'm going to hold the case in abeyance. What happened? Why did it lie dormant for so long?
MS. IANNARONE: Because of the defendant's age.
THE COURT: Really? That doesn't make any sense.
MS. IANNARONE: I know.
In light of this representation, on April 15, 2013, I issued another
Order to Show Cause why the case should not be dismissed for want of
prosecution. On April 16, 2013 the Government filed a response
indicating that Kennebrew may "submit an application to discharge the
loan based on disability, financial hardship or bankruptcy." It
further requested that I appoint counsel to Kennebrew
"with the belief that an amicable solution to this action is
possible if she is represented by counsel who can guide her through
Accordingly, the Court shall seek pro bono counsel for plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Kennebrew is advised that the Court cannot require an attorney to take a civil case without a fee. Rather, the Court will request that an attorney volunteer to provide representation to Kennebrew. Kennebrew should cooperate with any pro bonopanel attorney who contacts her.
JOHN GLEESON United States District Judge
© 1992-2013 VersusLaw Inc.