Saferstein v. DLR Group

Full title: MIKE SAFERSTEIN, Plaintiff, v. DLR GROUP, Defendant

Court: United States District Court, D. Kansas

Date published: Jun 3, 2002

Civil Action No. 02-2196-CM (D. Kan. Jun. 3, 2002)

Opinion

Civil Action No. 02-2196-CM

June 3, 2002

MEMORANDUM AND ORDER

DAVID J. WAXSE, United States Magistrate Court Judge.

Plaintiff has filed an Application for Appointment of Counsel (doc. 2). Plaintiff's Application is deficient in two respects. First, Plaintiff's Application indicates that he has contacted only three attorneys regarding legal representation in this matter. The Tenth Circuit has indicated that one important factor to be considered in deciding whether to appoint counsel in a Title VII case is the plaintiff's diligence in searching for counsel. See Castner v. Colorado Springs Cablevision, 979 F.2d 1417, 1422 (10th Cir. 1992). Although a plaintiff is "not required to exhaust the legal directory, a plaintiff must demonstrate that he or she has made a reasonably diligent effort under the circumstances to obtain counsel." Id. (internal quotations and citations omitted). Applying this rule, this Court has typically required a Title VII plaintiff seeking appointed counsel to confer with at least five attorneys regarding legal representation. See Wheeler v. Wichita Police Dep't, No. 97-1076-FGT, 1997 WL 109694, at *2 (D.Kan. Feb. 27, 1997). The failure to confer with at least five attorneys is grounds to deny the application for appointment of counsel. See id.

Plaintiff's Application is also deficient in that he has failed to attach to the Application an Affidavit of Financial Status. Without such an affidavit the Court is unable to determine whether Plaintiff can afford counsel, which is another important factor that this Court must consider in determining whether a Title VII plaintiff is entitled to appointed counsel. See Castner, 979 F.2d. at 1421-22.

In light of the above, Plaintiff's Application for Appointment of Counsel (doc. 2) will be denied. Plaintiff will, however, be allowed to submit a new Application for Appointment of Counsel. The new Application shall indicate that he has contacted at least five attorneys regarding legal representation in this case. In addition, Plaintiff shall attach to the new Application a completed Affidavit of Financial Status. A copy of the Affidavit of Financial Status is attached to this Order.

IT IS SO ORDERED.