Bernard v. Care Design N.Y.
- Lewis Liman
- 1:20-cv-01527-LJL
- U.S. District Court · Southern District of New York
- 2
Bernard v. Care Design N.Y.: Judge Liman ordered service of the lawsuit and denied Bernard’s request for pro bono counsel without prejudice.
Luc Robert Bernard must serve Care Design N.Y. and C.E.O. Jim Moran within the stated period or request an extension; his request for pro bono counsel was denied without prejudice to renewal.
What happened
In Bernard v. Care Design N.Y., Luc Robert Bernard paid the filing fee and brought the case without a lawyer. The court ordered the Clerk to issue summonses for Care Design N.Y. and C.E.O. Jim Moran.
Bernard must serve each defendant within 90 days after the summonses are issued or request more time. If he does neither, the court may dismiss the claims for failure to prosecute.
The court denied Bernard’s request for pro bono counsel without prejudice because the case was too early for Judge Lewis Liman to assess its merits. Bernard may renew the request later.
The detailed version
- Bernard v. Care Design N.Y. · No. 1:20-cv-01527-LJL
- Lewis Liman
- Apr. 29, 2020
Background
Luc Robert Bernard filed this action against Care Design N.Y. and C.E.O. Jim Moran. The opinion states that Bernard was proceeding without a lawyer and had paid the filing fees.
Service of the Lawsuit
The court directed the Clerk of Court to issue summonses for both defendants. Bernard must serve the summons and complaint on each defendant within 90 days after the summonses are issued. If he does not serve the defendants or request an extension within that period, the court may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.
Request for Pro Bono Counsel
Bernard applied for the court to request pro bono counsel, meaning a lawyer willing to represent him without charging him. The court considered the factors identified in the opinion, including the apparent merits of the case, Bernard’s efforts to obtain a lawyer, and his ability to gather facts and present the case without counsel. The court stated that it was too early to assess the merits and denied the application without prejudice to renewal at a later date.
Disposition
The court ordered the Clerk to mail Bernard a copy of the order and an information package, directed issuance of the summonses, and denied Bernard’s application for the court to request pro bono counsel without prejudice to renewal later. Judge Lewis Liman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.