W. v. Foote School Association Incorporated et al
| V. W. |
| Foote School Association Incorporated, Carol Maoz, Alewa Cooper, David Sklar and Chrissy Khachane |
| 3:2022cv01127 |
| September 6, 2022 |
| US District Court for the District of Connecticut |
| Stefan R Underhill |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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Filing 13
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Stefan R. Underhill on 11/2/2022. (Reis, Julia)
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Filing 12
ORDER denying without prejudice #6 Motion to Appoint Counsel: Unlike criminal defendants, civil litigants do not have a constitutional right to the appointment of counsel. See Leftridge v. Conn. State Trooper Officer No. 1283, 640 F.3d 62, 68 (2d Cir. 2011) ("A party has no constitutionally guaranteed right to the assistance of counsel in a civil case."). Rather, the decision to appoint pro bono counsel for an indigent litigant is discretionary. In considering whether to appoint pro bono counsel for an indigent litigant, a district court must "first determine whether the indigent's position seems likely to be of substance." See Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986). Additional factors relevant to the determination of whether the appointment of counsel is warranted include "the merits of plaintiff's case, the plaintiff's ability to pay for private counsel, [her] efforts to obtain a lawyer, the availability of counsel, and the plaintiff's ability to gather the facts and deal with the issues if unassisted by counsel." Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). At this stage of the proceedings in the case at bar, before discovery has begun or dispositive motions have been filed, any determination of V.W.'s likelihood of success on the merits is premature. Thus, V.W.'s motion to appoint counsel is denied without prejudice to refiling at a later time. Signed by Judge Stefan R. Underhill on 11/2/2022. (Guerrier, C.)
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Filing 11
ORDER: For the reasons set forth in the attached order, the plaintiff's motion for leave to proceed in forma pauperis #2 is denied without prejudice. Failure to tender the filing fee within thirty (30) days of the date of this order will result in the dismissal of this action. Signed by Judge Stefan R. Underhill on 11/2/2022. (Guerrier, C.)
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Filing 10
ORDER granting #5 Motion by self-represented litigant to participate in electronic filing. Signed by Judge Stefan R. Underhill on 11/2/2022. (Guerrier, C.)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 9/6/2022.(Imbriani, Susan)
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 9/6/2022.(Imbriani, Susan)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 11/5/2022; Discovery due by 3/8/2023; Dispositive Motions due by 4/12/2023. Signed by Clerk on 9/6/2022.(Imbriani, Susan)
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| Filing 6 MOTION to Appoint Counsel by V. W.. (Imbriani, Susan) |
| Filing 5 MOTION by self-represented litigant to participate in electronic filing by V. W..Responses due by 9/27/2022 (Imbriani, Susan) |
| Filing 4 Consent to Electronic Notice by V. W. (Imbriani, Susan) |
| Filing 3 Notice of Pro Se Appearance by V. W. (Imbriani, Susan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by V. W.. (Imbriani, Susan) |
| Filing 1 COMPLAINT against Alewa Cooper, Foote School Association Incorporated, Chrissy Khachane, Carol Maoz, David Sklar, filed by V. W.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Imbriani, Susan) |
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