Scales v. Ace Hotel NY
- Lorna Schofield
- 1:23-cv-07642
- U.S. District Court · Southern District of New York
- 4
In Scales v. Ace Hotel NY, Judge Schofield ordered Marshals service, denied Scales’s counsel request without prejudice, and denied fee-free appeal status.
William Scales and Ace Hotel NY; the order also directs the Clerk of Court and U.S. Marshals Service to arrange service.
What happened
In Scales v. Ace Hotel NY, William Scales, representing himself, brought claims concerning his employer-sponsored 401(k) plan. Because he was allowed to proceed without paying filing fees, the court directed the Clerk and U.S. Marshals Service to serve Ace Hotel NY.
The court said service must occur within 90 days after the summons is issued. Scales must ask for more time if service is not completed by then and must notify the court in writing if his address changes.
Judge Lorna G. Schofield denied Scales’s request for pro bono counsel without prejudice, meaning he may renew it later, because the case was too early for the court to evaluate its merits. The court also denied permission to appeal without paying fees.
The detailed version
- Scales v. Ace Hotel NY · No. 1:23-cv-07642
- Lorna Schofield
- Jan. 2, 2024
Background
William Scales, who is proceeding without a lawyer, brought claims concerning his employer-sponsored 401(k) plan. The court had previously allowed him to proceed without prepaying filing fees. The opinion does not decide the merits of those claims.
Service of Process
Because Scales was allowed to proceed without prepaying fees, the court held that he could rely on the court and the U.S. Marshals Service to serve Ace Hotel NY with the lawsuit. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and give the Marshals Service the documents needed to serve Ace Hotel NY.
The court extended the service deadline to 90 days after the summons is issued. If the amended complaint is not served within that period, Scales should request an extension of time. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Request for Pro Bono Counsel
Scales asked the court to seek a volunteer lawyer for him. The court explained that it considers factors including the apparent merits of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. Because the case was at too early a stage for the court to assess its merits, the court denied the request for pro bono counsel without prejudice to renewal later.
Disposition
The request for pro bono counsel was denied without prejudice to renewal. The Clerk was directed to provide Scales with an information package and to arrange the paperwork for Marshals service on Ace Hotel NY. The court also certified that an appeal from this order would not be taken in good faith and denied Scales permission to proceed without prepaying fees for an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.