Munoz-Hilliard v. Mount Sinai Morningside Hospital

Background

Antonio A. Munoz-Hilliard brought this pro se employment-discrimination case against Mount Sinai Morningside Hospital and Jenny Ng. The opinion is a mediation referral order and does not address the merits of the employment-discrimination claims.

Mediation and Counsel

The court ordered that, when a defendant files an answer, the case will be referred to the court’s Mediation Program. The Clerk of Court must attempt to locate pro bono counsel for the limited purpose of representing Munoz-Hilliard at mediation.

Any objection by either Munoz-Hilliard or a defendant to mediation, and any objection by Munoz-Hilliard to the request for pro bono counsel, must be filed within 14 days after the answer. The order states that an objection will be considered waived if it is not filed within that period. The search for volunteer counsel will not begin until the objection period has passed without an objection. Any volunteer counsel will contact Munoz-Hilliard directly and will represent him only for the mediation. At the end of mediation, counsel may file a notice of completion.

The order also states that pro se litigants are not entitled to choose their volunteer counsel. Except in extraordinary circumstances, if Munoz-Hilliard declines to work with the volunteer attorney or law-school clinic that contacts him, he may obtain counsel without court assistance or proceed without counsel in the mediation.

Effect on Case

The time for assigning a mediator under Local Civil Rule 83.9 and the Mediation Program Procedures will be deferred until limited-scope pro bono counsel files a notice of appearance. Unless the court orders otherwise, mediation will not affect any scheduling order, and all parties must continue litigating the case. The order does not prevent a party from later asking the court to refer the case to mediation after a defendant appears, including when the defendant responds to the complaint with a motion rather than an answer.

Ruling

Judge Valerie Caproni ordered the conditional mediation referral and the attempt to locate limited-purpose pro bono counsel, subject to the stated objection period and procedures.