Doe v. Rees

Docket(#119) ANSWER to #64 Amended Complaint by Jonathan Rees. Filed via MFT. (Attachments: #1 Affidavit of Service)(mmg). (Entered: 10/03/2025)

Docket(#118) TEXT ORDER: Defendant Rees Motion #116 & #117 seeking appointment of counsel is DENIED. It is well-settled that there is no right to appointment of counsel in civil matters. See, Burgos v. Hopkins, 14 F.3d 787, 789 (2d Cir. 1994). Title 28 of United States Code Section 1915 specifically provides that a court may request an attorney to represent any person "unable to afford counsel." 28 U.S.C. 1915(e)(1). Appointment of counsel must be done carefully in order to preserve the "precious commodity" of volunteer lawyers for those litigants who truly need a lawyer's assistance. See, Cooper v. A. Sargenti, Inc., 877 F.2d 170, 172-73 (2d Cir. 1989). Courts cannot utilize a bright-line test in determining whether counsel should be appointed on behalf of an indigent party. Hendricks v. Coughlin, 114 F.3d 390, 392-93 (2d Cir. 1997). Instead, a number of factors must be carefully considered by the court in ruling upon such a motion: [The Court] should first determine whether the indigent's position seems likely to be of substance. If the claim meets this threshold requirement, the court should then consider the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in th[e] case why appointment of counsel would be more likely to lead to a just determination. See, Terminate Control Corp. v. Horowitz, 28 F.3d 1335, 1341 (2d Cir. 1994) (quoting Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986)). This is not to say that all, or indeed any, of these factors are controlling in a particular case. Rather, each case must be decided on its own facts. Velasquez v. O'Keefe, 899 F. Supp. 972, 974 (N.D.N.Y. 1995) (McAvoy, C.J.) (citing Hodge, 802 F.2d at 61). The Court must consider the issue of appointment carefully because "every assignment of a volunteer lawyer to an undeserving client deprives society of a volunteer lawyer available for a deserving cause." Cooper, 877 F.2d at 172. This action is still in the early stages and discovery has not yet commenced. Defendant has not yet responded to the allegations contained in plaintiff's complaint. See Harmon v. Runyon, No. 96-Civ.-6080, 1997 WL 118379 (S.D.N.Y. Mar. 17, 1997). Furthermore, on its face this case does not involve complex legal issues and nothing indicates that Defendant is unable to investigate the facts alleged. Id. Finally, Defendant has not identified any special reason why the appointment of counsel at this stage would be more likely to lead to a just determination. Id. Accordingly, Defendant's motion to appoint counsel is denied without prejudice. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/29/2025. (Copy served upon Defendant Rees via regular mail) (jdc ) (Entered: 09/29/2025)

Docket(#117) List of Attorneys talked with who declined to take case by Jonathan Rees. [Filed via MFT on 9/10/2025.] (hmr) (Entered: 09/11/2025)

Docket(#116) MOTION for Leave to Proceed in forma pauperis filed by Jonathan Rees. [Filed via MFT on 9/10/2025.] Motions referred to Judge Miroslav Lovric. (hmr) (Entered: 09/11/2025)

Docket(#115) TEXT ORDER: Pursuant to the Hearing held on 9/3/2025 and for the reasons set forth therein: (1) Motion 103 is DENIED without prejudice and Defendant Rees is authorized to renew his motion keeping in mind the directives of the Court as set forth at the Hearing; (2) Defendant Rees is directed to file a Response to the Amended Complaint by 10/3/2025; (3) if and when Defendant Rees files any future motions, he is directed to comply with N.D.N.Y. Local Rules, Rule 7.1; (4) The Rule 16 Initial Conference is scheduled for 11/6/2025 at 2:00 p.m., In Person, in Binghamton, New York, and In Person appearances are required; and (5) the Civil Case Management Plan must be filed and any Supplemental Mandatory Disclosures are to be exchanged by the parties on or before 10/30/2025 (Pursuant to Local Rule 26.2, any supplemental mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) DEFENDANT REES IS ADVISED THAT FAILURE TO COMPLY WITH COURT ORDERS, OR FAILURE TO ENGAGE IN THE DISCOVERY PROCESS, OR FAILURE TO APPEAR FOR COURT APPEARANCES, OR FAILURE TO ADVISE THE COURT IN WRITING OF CHANGES IN ADDRESSES AND CONTACT INFORMATION, MAY RESULT IN SANCTIONS BEING IMPOSED AGAINST DEFENDANT REES, INCLUDING A JUDGMENT BEING ISSUED AGAINST DEFENDANT REES. [SEE, FEDERAL RULES OF CIVIL PROCEDURE, RULE 37 and F.R.C.P. 41.] SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/3/2025. (copy served on Pro Se Defendant Rees via regular mail) (kmc) (Entered: 09/04/2025)

DocketMinute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an on record Hearing was held on 9/3/2025, In Person, in Binghamton, New York. The Court addressed: (1) Defendant's Motion for Appointment of an Attorney 103; (2) the deadline for Defendant Rees to respond to the Amended Complaint; (3) the intention of Defendant Rees to file a motion to Compel Identity of Plaintiff Jane Doe in the public record; (4) the scheduling of the Rule 16 Initial Conference; and (5) other issues raised by the parties. The Court set forth its decisions and schedules on the record. Appearances: K. Caruso, Esq., and Plaintiff Jane Doe, for Plaintiff; Pro Se Defendant Jonathan Rees, for Defendant; and FTR Recorded. (copy served on Pro Se Defendant Rees via regular mail) (kmc) (Entered: 09/04/2025)

Docket(#114) TEXT ORDER: Letter Motion #112 is DENIED. The on the record, In Person, Hearing remains scheduled for 9/3/2025 at 11:00 a.m., in Binghamton, New York. In Person appearances are required. The Requests in Letter #113 will be addressed at the on the record, In Person, Hearing scheduled for 9/3/2025 at 11:00 a.m., in Binghamton, New York, and after hearing from all parties on the issues. Additionally, other topics and issues in this matter will also be addressed at that 9/3/2025 Hearing. DEFENDANT REES IS ADVISED AND CAUTIONED THAT FAILURE TO COMPLY WITH COURT ORDERS, OR FAILURE TO ENGAGE IN THE DISCOVERY PROCESS, OR FAILURE TO APPEAR FOR COURT APPEARANCES, OR FAILURE TO ADVISE THE COURT IN WRITING OF CHANGES IN ADDRESSES AND CONTACT INFORMATION, MAY RESULT IN SANCTIONS BEING IMPOSED AGAINST DEFENDANT REES, INCLUDING A JUDGMENT BEING ISSUED AGAINST DEFENDANT REES. [SEE, FEDERAL RULES OF CIVIL PROCEDURE, RULE 37 and F.R.C.P. 41.] SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/29/2025. (copy of Text Order served on Pro Se Defendant Rees via Email & regular mail) (jdc) (Entered: 08/29/2025)

Docket(#113) Letter Motion from Jonathan Rees requesting to Compel Disclosure of Plaintiff's Identity submitted to Judge Miroslav Lovric. [Filed via MFT on 8/28/2025.] (hmr) (Entered: 08/28/2025)

Docket(#112) Letter Motion from Jonathan Rees requesting to adjourn or continue September 3, 2025 hearing to October 3, 2025 or a date convenient to the Court submitted to Judge Miroslav Lovric. [Filed via MFT on 8/28/2025.] (hmr) (Entered: 08/28/2025)

Docket(#111) TEXT ORDER: Letter Motion #110 is DENIED. The on the record, In Person, Hearing scheduled for 9/3/2025 at 11:00 a.m., in Binghamton, New York, will proceed In Person. In Person appearances from the parties are required. DEFENDANT REES IS ADVISED AND CAUTIONED THAT FAILURE TO COMPLY WITH COURT ORDERS, OR FAILURE TO ENGAGE IN THE DISCOVERY PROCESS, OR FAILURE TO APPEAR FOR COURT APPEARANCES, OR FAILURE TO ADVISE THE COURT IN WRITING OF CHANGES IN ADDRESSES AND CONTACT INFORMATION, MAY RESULT IN SANCTIONS BEING IMPOSED AGAINST DEFENDANT REES, INCLUDING A JUDGMENT BEING ISSUED AGAINST DEFENDANT REES. [SEE, FEDERAL RULES OF CIVIL PROCEDURE, RULE 37 and F.R.C.P. 41.] SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/28/2025. (copy of Text Order served on Pro Se Defendant Rees via Email & regular mail) (jdc ) (Entered: 08/28/2025)

Docket(#7) AFFIDAVIT of Service for Summons and Complaint (Doe v. Rees)(Chenango), filed by Jane Doe. (Lieberman, Lindsay) (Entered: 11/29/2023)

Docket(#6) AFFIDAVIT of Service for Summons, Complaint, Motion, Declaration, Proposed Order, Statement of Service, Acknowledgment of Receipt (Doe v. Rees)(Chenango), filed by Jane Doe. (Attachments: #1 Exhibit(s) Email)(Lieberman, Lindsay) (Entered: 11/29/2023)

Docket(#5) AFFIDAVIT of Service for Summons, Complaint, Motion, Declaration, Proposed Order (Doe v. Rees)(Chenango), filed by Jane Doe. (Lieberman, Lindsay) (Entered: 11/29/2023)

DocketTEXT NOTICE: The Initial Conference set for 1/31/2024 at 2:30PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) (Entered: 11/01/2023)

DocketTEXT NOTICE OF FILING DEFICIENCY as to Jane Doe regarding the #1 Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: ATTORNEY ALLISON MAHONEY - Attorney address contained in the documents does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 11/6/2023 (hmr) (Entered: 11/01/2023)

DocketCLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint: Clerk added "Filing fee $402 receipt number ANYNDC-6496757" to this docket entry. (hmr) (Entered: 11/01/2023)

Docket(#4) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/31/2024 at 02:30 PM via Telephone Conference before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/24/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 11/01/2023)

Docket(#3) Summons Issued as to Jonathan Rees. (hmr) (Entered: 11/01/2023)

Docket(#2) MOTION FOR LEAVE TO APPEAR ANONYMOUSLY filed by Jane Doe. (Attachments: #1 Declaration of Jane Doe, #2 Proposed Order) Motions referred to Miroslav Lovric. (hmr) (Entered: 11/01/2023)

Docket(#1) COMPLAINT with Jury Demand against Jonathan Rees filed by Jane Doe. (Filing fee $402 receipt number ANYNDC-6496757)(Attachments: #1 Civil Cover Sheet)(hmr) Modified on 11/1/2023 (hmr). (Entered: 11/01/2023)