Benthos Master Fund, Ltd. v. Etra
- Valerie Caproni
- 1:20-cv-03384
- U.S. District Court · Southern District of New York
- 3
In Benthos Master Fund v. Etra, Judge Nathan granted in part Etra’s extension request and denied Etra’s request for appointed counsel at public expense.
Respondent Aaron Etra, who sought more time to object to a civil-contempt recommendation and requested appointed counsel; Benthos Master Fund, Ltd., which opposed appointed counsel and sought information from Etra.
What happened
In Benthos Master Fund, Ltd. v. Etra, Etra asked for more time to object to a magistrate judge’s recommendation that he be held in civil contempt and asked the court to appoint a lawyer at public expense. Benthos opposed appointed counsel and agreed to an extension only if Etra provided specified information.
The court granted in part Etra’s request for more time. It gave him seven days to file objections or provide information about his living expenses, Koraljka Troslj’s contact information, escrow agreements and banking records, and his execution of an Internal Revenue Service tax form. If he provided the information in good faith, the court would extend the objection deadline by another 30 days.
Judge Alison J. Nathan denied Etra’s request for appointed counsel at public expense because the recommendation involved financial sanctions rather than possible imprisonment. The order did not decide whether Etra should be held in civil contempt.
The detailed version
- Benthos Master Fund, Ltd. v. Etra · No. 1:20-cv-03384
- Valerie Caproni
- Mar. 31, 2022
Background
On March 14, 2022, Magistrate Judge Parker issued a report and recommendation proposing that Respondent Aaron Etra be held in civil contempt. The deadline for objections was March 28, 2022. Etra requested an extension and asked the court to appoint counsel to prepare his objections. Benthos Master Fund, Ltd. opposed appointed counsel and agreed to a 30-day extension only if Etra provided previously requested information and filed Internal Revenue Service Form 2848 concerning his income taxes.
Rulings
The court granted in part Etra’s request for an extension. Within seven days of the order, Etra had to either file objections to the report and recommendation or submit a letter satisfying four information requests described in Benthos’s letter:
- His monthly living expenses since August 1, 2018;
- Current contact information for Koraljka Troslj, including known telephone numbers, mailing addresses, and email addresses;
- Escrow-agent agreements Etra entered into and his banking records, as identified in the report and recommendation; and
- Proof that Etra executed Internal Revenue Service Form 2848 so that Benthos could confirm his claim that he had not filed income-tax returns.
The court stated that information Etra believed should not be publicly filed had to be sent by email to the court and Benthos with a request for sealing that explained why sealing was justified for each document. If Etra submitted a letter satisfying the four requests in good faith within one week, the deadline for filing objections would be extended by an additional 30 days.
The court denied Etra’s request to have counsel appointed at public expense. It explained that, except when a civil litigant faces possible imprisonment, there is no legal right to appointed counsel. The report and recommendation sought only financial sanctions, not imprisonment.
Effect of the Order
This order addressed the timing of objections and Etra’s request for appointed counsel. It did not resolve the underlying recommendation concerning civil contempt. The court also informed Etra about a private legal clinic operated by the New York Legal Assistance Group for people without lawyers, while stating that the clinic was not part of the court and could not file documents for him.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.