Quaker v. T-Mobile
- Ronnie Abrams
- 1:20-cv-10333
- U.S. District Court · Southern District of New York
- 2
In Quaker v. T-Mobile, Judge Abrams denied Dawn Quaker’s counsel request without prejudice and extended her amended-complaint deadline to April 16, 2021.
Dawn Quaker, whose request for counsel was denied without prejudice and whose deadline to file an amended complaint was extended; T-Mobile remains the defendant in the pending case.
What happened
In Quaker v. T-Mobile, Dawn Quaker asked the court to appoint a lawyer for her while she tried to find one. The case was pending in the Southern District of New York.
The court said that civil courts generally are not required to provide lawyers for people who cannot afford them, and that a court may only ask a lawyer to volunteer. It also said it was too early to evaluate the strength of Quaker’s case.
Judge Ronnie Abrams denied Quaker’s request for counsel without prejudice, meaning she may renew it later if she provides additional grounds. Judge Abrams also extended the deadline for Quaker to file an amended complaint to April 16, 2021, and set a telephone pretrial conference for May 21, 2021.
The detailed version
- Quaker v. T-Mobile · No. 1:20-cv-10333
- Ronnie Abrams
- Mar. 16, 2021
Background
Dawn Quaker sent the court a letter asking for counsel to be appointed until she could obtain a lawyer. The court explained that, unlike in criminal cases, civil courts are not required to provide counsel for people who cannot afford one. The court also explained that it lacks authority to appoint a lawyer, but may ask an attorney to volunteer to represent a litigant.
Request for Counsel
When evaluating a request for volunteer counsel, the court considers the apparent merits of the case, the person’s efforts to obtain a lawyer, and the person’s ability to investigate the facts and present the case without assistance. The court stated that it was too early to assess the merits of Quaker’s case. It therefore denied her request for appointment of counsel without prejudice to renewal at a later date if she presents additional grounds.
Amended Complaint and Conference
The court reminded Quaker that an earlier order required her to file an amended complaint clearly identifying which acts by T-Mobile caused her harm and explaining the legal grounds for the relief she sought. Although the earlier deadline had passed, the court granted her until April 16, 2021, to file the amended complaint.
The court also noted that the initial pretrial conference had been adjourned until May 21, 2021, at 10:30 a.m., and would occur by telephone. The order stated that Quaker must appear personally if she is proceeding without an attorney; if she has retained an attorney, the attorney should attend in her place, although Quaker may also attend. The Clerk of Court was directed to mail Quaker copies of the order and the earlier order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.