Fu v. VA Connecticut Health Care System et al
Xiao Qing Fu |
VA Connecticut Health Care System and Rose |
3:2022cv00374 |
March 10, 2022 |
US District Court for the District of Connecticut |
Kari A Dooley |
Civil Rights: Jobs |
28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim |
None |
Docket Report
This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 14 MOTION to Stay by Xiao Qing Fu.Responses due by 5/25/2022 (Chartier, AnnMarie) |
Filing 13 MOTION to Stay Discovery, Rule 26 Deadlines by Rose, VA Connecticut Health Care System.Responses due by 5/17/2022 (Orticelli, Jillian) |
Filing 12 MOTION to Dismiss by Rose, VA Connecticut Health Care System.Responses due by 5/9/2022 (Attachments: #1 Memorandum in Support, #2 Exhibit A - McNutt Declaration, with exhibits A-1 to A-3, #3 LR 12 Notice to Pro Se)(Orticelli, Jillian) |
Filing 11 ORDER denying #10 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit has repeatedly cautioned against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that they sought counsel and have been unable to obtain it. McDonald v. Head Criminal Court Supervisor Office, 850 F.2d 121, 123 (2d Cir. 1998). Once a plaintiff has made this showing, they must then demonstrate that their complaint passes the test of likely merit. Cooper v. A. Sargenti Co., 877 F.2d 170, 173 (2d Cir. 1989). Thus, a plaintiff must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Here, Plaintiff attests that she sought and secured counsel but chose not to sign the necessary paperwork sent by said counsel. The motion does not make clear why Plaintiff eschewed available representation. Further, at the nascent stage of this case, the Court cannot determine the likely merit of Plaintiff's claims. As such, Plaintiff's #10 motion to appoint counsel is DENIED without prejudice to renewal upon further development of the record. Signed by Judge Kari A. Dooley on 3/18/2022. (Bernard, Hannah) |
Filing 10 MOTION to Appoint Counsel by Xiao Qing Fu. (Carr, Dave) |
Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #7 Protective Order, #1 Notice of Removal, filed by VA Connecticut Health Care System, Rose, #5 Order on Pretrial Deadlines, #2 Notice (Other) filed by VA Connecticut Health Care System, Rose, #3 First MOTION for Extension of Time until 4/18/2022 Response to Complaint filed by VA Connecticut Health Care System, Rose, #6 Electronic Filing Order, #8 Notice Signed by Judge Kari A. Dooley on 3/11/2022. (Fanelle, N.) |
Filing 8 Notice re Initial Discovery Protocols. Signed by Clerk on 3/10/2022. (Attachments: #1 Attachment)(Fanelle, N.) |
Filing 7 STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 3/10/2022. (Fanelle, N.) |
Filing 6 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 3/10/2022. (Fanelle, N.) |
Filing 5 Order on Pretrial Deadlines: Amended Pleadings due by 5/9/2022 Discovery due by 9/9/2022 Dispositive Motions due by 10/14/2022 Signed by Clerk on 3/10/2022. (Fanelle, N.) |
Filing 4 ORDER granting #3 Motion for Extension of Time. Defendants' response is due on or before April 18, 2022. Signed by Judge Kari A. Dooley on 3/10/2022. (Bernard, Hannah) |
Filing 3 First MOTION for Extension of Time until 4/18/2022 Response to Complaint by Rose, VA Connecticut Health Care System. (Orticelli, Jillian) |
Filing 2 NOTICE by Rose, VA Connecticut Health Care System re #1 Notice of Removal, Removal Statement (Attachments: #1 Notice of Pending Motions)(Orticelli, Jillian) |
Filing 1 NOTICE OF REMOVAL by VA Connecticut Health Care System, Rose from Connecticut Superior Court, case number AM1-AAN-CV22-5021315-S., filed by VA Connecticut Health Care System, M Rose MD.(Orticelli, Jillian) Modified on 3/10/2022 to correct party (Hushin, Z.). |
Answer deadline updated for All Defendants. (Bernard, Hannah) |
Judge Kari A. Dooley added. (Oliver, T.) |
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