Riley v. Chris Kuehne, Jr.
- Stewart Aaron
- 1:23-cv-02237
- U.S. District Court · Southern District of New York
- 7
In Riley v. Chris Kuehne, Jr., Judge Aaron granted Riley permission to proceed without fees and granted his application for volunteer counsel.
David Riley received permission to proceed without paying court fees and the court agreed to seek a volunteer lawyer for him. The defendants remain parties to the litigation, which the order did not resolve on the merits.
What happened
In Riley v. Chris Kuehne, Jr., David Riley asked to proceed without paying court fees and asked the court to seek a volunteer lawyer for him. The order also considered allegations in Riley’s case against Chris Kuehne, Sr., Life Union, and Life Benefit Plan.
The court found that Riley met the requirements to proceed without paying fees. Based on an initial review, it also found that his allegations could plausibly support a claim under the National Labor Relations Act. The court said Riley’s health problems, difficulty investigating the claims, expected factual disputes, and need for discovery supported seeking a volunteer lawyer.
Judge Stewart D. Aaron granted both applications. He explained that the court has no funds to pay a civil lawyer and that a volunteer may never agree to represent Riley, so Riley should be prepared to continue without a lawyer.
The detailed version
- Riley v. Chris Kuehne, Jr. · No. 1:23-cv-02237
- Stewart Aaron
- July 12, 2023
Background
David Riley filed applications to proceed without paying court fees and for the court to seek pro bono counsel, meaning a volunteer lawyer, in Riley v. Chris Kuehne, Jr. The order also referred to the complaint in Riley’s other case against Chris Kuehne, Sr., Life Union, and Life Benefit Plan, docket number 1:23-cv-03928 (MKV) (SDA).
Proceeding Without Fees
Under the federal fee-waiver statute, a court may allow a person to start and pursue a civil case without paying filing fees when the person shows an inability to pay. After reviewing Riley’s application, the court found that he met the statutory requirements and granted his application to proceed without paying fees.
Request for Pro Bono Counsel
In civil cases, the court is not required to provide a lawyer to a person who cannot afford one. The court may request that a lawyer volunteer. The court applied factors addressing whether the claims appear to have substance and whether the person can investigate facts, handle discovery, present the case, and manage its legal issues.
Based only on its initial review of Riley’s factual allegations and without legal briefing from the defendants, the court found that the allegations plausibly might support a claim under the National Labor Relations Act. The court also found that Riley had unsuccessfully tried to retain counsel, reported health problems, and was unlikely to investigate the claims, conduct thorough discovery, and prepare for trial without representation. The court noted that the case involved factual disputes about the defendants’ conduct and that relevant information might be obtained through discovery.
Ruling
Judge Stewart D. Aaron granted Riley’s application to proceed without paying fees and granted his application for the court to seek pro bono counsel. The order emphasized that the court cannot pay a civil lawyer and relies on volunteers. It stated that there was no guarantee that a lawyer would accept the case and that Riley should be prepared to proceed without counsel. The order did not decide the merits of Riley’s claims.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.