Behlin v. Rite Aid Pharmacy Store

Background

The court had previously indicated that it would inquire about the availability of free legal counsel to take two depositions for Rahbu Behlin and to defend Behlin’s deposition.

Order

The court directed the Clerk of Court to seek pro bono counsel—an attorney providing services without charge—to enter a limited appearance for the purpose of taking and defending those depositions. The attorney would file a notice of limited appearance.

The assignment was limited. Counsel would not be responsible for other aspects of Behlin’s representation and would not be required to respond to a dispositive motion, which is a motion that could resolve the case or a claim without a trial. If defendants filed such a motion, counsel could ask for an extension of Behlin’s response deadline or ask the court to expand the assignment to include responding to the motion.

The representation would end after the depositions were completed and counsel filed a notice of completion. Counsel could also seek reimbursement from the court’s Pro Bono Fund for certain out-of-pocket expenses incurred in the case.

Appeal-related ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied fee-waiver status for purposes of an appeal. The Clerk was directed to mail a copy of the order to Behlin at the address on record.