Lin v. Yuri Sushi Inc

Background

Tingyao Lin filed a request to proceed without paying court fees, which the court granted. Lin's complaint asserts claims under the Fair Labor Standards Act, New York Labor Law, and implementing New York regulations. Lin alleges that the defendants failed to pay wages required by those laws.

A pretrial conference was scheduled for later in the year, and the court identified January 13, 2025, as a tentative trial date. The court stated that Lin would need to gather evidence, select witnesses, prepare for trial, and present the case at trial.

Legal standard

Under 28 U.S.C. § 1915(e)(1), a court may request that a lawyer represent a person who cannot afford counsel. In a civil case, the court is not required to provide a lawyer, and it cannot compel a lawyer to accept the representation. Instead, it may request that a lawyer volunteer.

The court applied factors identified by the U.S. Court of Appeals for the Second Circuit, including whether the claim appears likely to have substance, the litigant's ability to investigate important facts and present the case, the expected need for cross-examination, the complexity of the legal issues, and any special reason why counsel would help produce a fair result.

Court's analysis and ruling

The court found that Lin's wage claims were likely to be substantial and that the other factors supported requesting pro bono counsel. It concluded that counsel could help produce a quicker and fairer result by clarifying the issues and shaping witness questioning.

The court directed the Clerk of Court to seek pro bono counsel for a limited appearance. The requested representation covers pretrial conferences, preparation for trial, advocacy at trial, and possible settlement discussions. Pro bono counsel would not be required to respond to a dispositive motion. If such a motion is filed, counsel may seek an extension of time or ask the court to expand the representation to cover the motion. Unless the court expands the role, the representation will end when discovery is completed. It will terminate when counsel files a Notice of Completion.

The court also noted that volunteer counsel may seek reimbursement of certain out-of-pocket expenses under the court's Pro Bono Fund order. It warned that the process may take time, that no volunteer is guaranteed to accept the case, and that Lin should be prepared to proceed without a lawyer.

The court granted Lin's Application for the Court to Request Counsel. Separately, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.