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S.D.N.Y.Procedural orderFiled June 1, 2020

Elias v. City of New York

Judge
Jesse Furman
Docket
1:19-cv-11411
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Elias v. City of New York, Judge Furman ordered pro se plaintiff Elias to choose personal counsel or proceed without a lawyer in mediation.

Who this affects

Rifka Renee Elias, who was representing herself and was required to choose between obtaining her own lawyer and proceeding without one for mediation.

What happened

Rifka Renee Elias is representing herself in her case against the City of New York and other defendants. An attorney had volunteered to represent her for mediation, but Elias declined that representation.

The court explained that people representing themselves are not entitled to choose among volunteer attorneys. It said Elias could either obtain a lawyer on her own or continue representing herself, including during mediation.

Judge Jesse M. Furman ordered Elias to tell the court by June 29, 2020, whether she had obtained her own lawyer or agreed to participate in mediation without one. The clerk was directed to mail her a copy of the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Elias v. City of New York · No. 1:19-cv-11411
Judge
Jesse Furman
Date
June 1, 2020

Background

Rifka Renee Elias was proceeding without a lawyer. The court learned that an attorney had volunteered to represent her for mediation, but Elias declined the attorney's free representation. The court stated that Elias might believe it had renewed efforts to find her a lawyer.

Court's Direction

The court explained that volunteer attorneys are scarce and that a person representing herself does not have the right to select a particular volunteer lawyer. The court stated that Elias's only options were to obtain a lawyer on her own or to continue without a lawyer in every part of the case, including mediation.

Ruling and Deadline

Judge Jesse M. Furman ordered Elias to inform the court by June 29, 2020, whether she had obtained a lawyer on her own or agreed to appear without a lawyer for mediation. The clerk was directed to mail Elias a copy of the order. The order did not decide the underlying claims against the defendants.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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