Assure Global, LLC v. Anderson
- Lewis Liman
- 1:21-cv-05785
- U.S. District Court · Southern District of New York
- 3
In Assure Global v. Anderson, Judge Liman granted Anderson’s request for volunteer counsel limited to settlement proceedings.
Aaron Anderson, whose request for volunteer counsel was granted for settlement proceedings only; the Clerk of Court, which was directed to seek counsel; and any attorney who may volunteer. The order also affects Assure Global, LLC by facilitating possible settlement discussions.
What happened
Assure Global, LLC sued Aaron Anderson and Axxeum, LLC over alleged problems with a contract for personal protective equipment. The case includes claims for breach of contract, fraud, and other related claims, and both defendants had default certificates entered against them.
Anderson requested free volunteer counsel for settlement discussions. The court said civil litigants are not automatically entitled to a lawyer, and that courts may only ask attorneys to volunteer; they cannot appoint or pay counsel in these cases.
Judge Lewis J. Liman granted the request and directed the Clerk of Court to try to find a volunteer lawyer for Anderson only for settlement proceedings. The lawyer would file a limited appearance, and no attorney was guaranteed to accept the matter.
The detailed version
- Assure Global, LLC v. Anderson · No. 1:21-cv-05785
- Lewis Liman
- Sept. 11, 2023
Background
Assure Global, LLC sued Aaron Anderson and Axxeum, LLC. In its amended complaint, Assure Global asserted claims for breach of contract, breach of the implied duty of good faith and fair dealing, fraud, unjust enrichment, respondeat superior, and conversion. It alleged that it entered into a November 2020 contract with Axxeum to purchase personal protective equipment and that Axxeum’s performance was deficient in amount and kind.
The court had referred the case to a magistrate judge for settlement. Certificates of default had been entered against both defendants. Assure Global had twice sought a default judgment. The court previously concluded that the alleged facts supported a default judgment against Axxeum but did not support one against Anderson under an alter-ego theory because Assure Global had not alleged enough facts to hold Anderson liable on that theory. Assure Global later indicated that it intended to continue pursuing its claim against Anderson. Anderson, who said he was unaware that the amended complaint included allegations against him personally, and Assure Global both expressed receptivity to settlement discussions.
Request for Counsel
Anderson asked the court to request pro bono counsel—an attorney willing to volunteer—to represent him for settlement purposes. Under 28 U.S.C. § 1915(e)(1), a court may request an attorney to represent someone unable to afford counsel. The court explained that civil litigants do not have the same right to appointed counsel that criminal defendants have. A court may request, but cannot compel or appoint, a volunteer lawyer, and courts have no funds to pay counsel in ordinary civil matters. For those reasons, requests for volunteer counsel must be made sparingly.
Ruling
The court granted Anderson’s request. It directed the Clerk of Court to try to locate volunteer counsel for Anderson solely for settlement proceedings in this action. The volunteer lawyer would file a notice of limited appearance and would not be responsible for other aspects of Anderson’s representation at that time.
The court also explained that a volunteer lawyer might not be found quickly, that a lawyer who contacts Anderson would determine whether both sides wanted to proceed with the representation, and that neither Anderson nor a volunteer lawyer would be required to continue. The order did not decide the parties’ underlying contract or other claims, and it did not guarantee that counsel would be found.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.