Shieh v. N.Y.C.H.A.
- Jesse Furman
- 1:19-cv-05306
- U.S. District Court · Southern District of New York
- 2
In Shieh v. N.Y.C.H.A., Judge Aaron deemed withdrawal withdrawn, denied counsel without prejudice, and set a deadline for NYCHA’s anticipated dismissal motion.
Wen-Hwa Shieh, who was representing himself, and the New York City Housing Authority. The order affected Shieh’s request for free counsel and the schedule for NYCHA’s anticipated motion to dismiss.
What happened
Wen-Hwa Shieh told the court that he intended to continue his lawsuit against the New York City Housing Authority. The court also noted that a Mandarin interpreter provided by NYCHA participated in the telephone conference.
The court treated Shieh’s request to temporarily withdraw the lawsuit as withdrawn. It denied his request for free volunteer counsel without prejudice because it could not yet determine whether his claims were likely to have merit. Shieh could renew that request on or after the date NYCHA filed its anticipated motion to dismiss.
Judge Stewart D. Aaron ordered NYCHA to file that motion by August 17, 2020, and encouraged NYCHA to work with Shieh on his housing-related issues. The order did not decide the merits of Shieh’s claims.
The detailed version
- Shieh v. N.Y.C.H.A. · No. 1:19-cv-05306
- Jesse Furman
- July 1, 2020
Background
After a telephone conference with the parties, the court entered this scheduling and case-management order. The order states that Shieh was representing himself. A Mandarin interpreter provided by NYCHA participated in the conference at the court’s request.
Rulings
Shieh had moved to temporarily withdraw the litigation. Because he told the court that he intended to continue with the lawsuit, the court deemed that motion withdrawn.
Shieh also moved for appointment of pro bono counsel, meaning a lawyer who would represent him without charging him. The court denied that motion without prejudice. The court said it could not yet determine whether Shieh’s claims were likely to be substantial. It also observed that, if the claims concerned housing conditions, those issues typically belonged in state court. The court allowed Shieh to renew the request for counsel on or after the date NYCHA filed its anticipated motion to dismiss.
The court ordered NYCHA to file its anticipated motion to dismiss no later than August 17, 2020. In the meantime, it encouraged NYCHA to work with Shieh to resolve his housing-related issues. The order did not rule on whether Shieh’s underlying claims were legally valid.
Classification
This is a procedural order because it addressed withdrawal of a motion, appointment of counsel, and the schedule for a possible dismissal motion without deciding the merits of the lawsuit.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.