Rich v. State of New York

Background

Benjamin Samuel Rich, identified in the caption as formerly known as Samuel Guillaume, was proceeding without a lawyer. He asked the court on December 20, 2023, to request volunteer counsel. The order also addressed Rich’s proposed discovery schedule and his request that Ms. Lyons appear on his behalf.

Counsel requests

Applying the factors from Cooper v. A. Sargenti Co., the court denied Rich’s application for counsel. The court stated that Rich’s application and the other filings did not, at that time, show that his claim was likely to be substantial enough to warrant seeking volunteer counsel, given the limited number of volunteer lawyers available. The court also found that the case was not so difficult that Rich would be unable to address relevant facts or other issues likely to arise. The court stated that it would seek appointment of counsel without another request from Rich if later review showed that appointment was warranted.

The court separately denied Rich’s request for Ms. Lyons to appear for him because she was apparently not an attorney, and a non-attorney may not represent a party in court. Rich therefore was required to appear himself at future proceedings. The order also noted that Rich had asked to have mail sent to Ms. Lyons’s address despite being incarcerated in Pennsylvania. It stated that he could file a letter if he preferred mail to be sent to his incarceration address or another address.

Discovery schedule and procedures

The court found that the expansive deadlines in Rich’s proposed schedule were inappropriate after denying the counsel request. It ordered the following:

- Requests for documents and interrogatories had to be sent to the opposing party by February 16, 2024. - All discovery had to be started in time to finish by June 14, 2024. - The parties were to contact the court when they were ready to participate in mediation. - Any motion for summary judgment—a request for a decision without a trial—was to be filed by July 15, 2024, before Judge Torres and in compliance with her practices for cases involving people without lawyers. - If no party filed a summary-judgment motion, the parties had to file the required trial documents by August 14, 2024.

The order required discovery disputes to be brought promptly and stated that requests for extensions had to show good cause, identify the other parties’ positions, and comply with the court’s practices. Noncompliant extension requests would be denied, and failure to follow the order could result in sanctions. Discovery motions generally would not be considered if filed later than 30 days before the discovery deadline, absent extraordinary circumstances. The order also identified court and legal-assistance resources available to Rich.