Deakin v. Herman Pearl Company
2:25-cv-00839
W.D. Wash.Jun 11, 2025Background
- Plaintiff Jessica Renee Deakin filed suit against her former employer, Herman Pearl Company d/b/a Andover Brands, alleging discrimination under Title VII and the ADA.
- Deakin claims she was terminated due to her disability following a car accident, despite initial assurances that her job was secure during her recovery.
- Plaintiff alleges that her termination was based on her request for accommodations, while asserting that the employer had accommodated other employees’ disabilities.
- Deakin received a right-to-sue notice from the EEOC and has made substantial efforts to secure legal representation, which have been unsuccessful due to financial constraints and attorneys’ workloads.
- Plaintiff is proceeding pro se and in forma pauperis and has requested the court to appoint counsel from the Pro Bono Panel.
- The court is considering this motion to appoint counsel in light of plaintiff’s financial situation, her efforts to secure counsel, and the plausible merits of her discrimination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of Counsel in Title VII/ADA Case | Deakin has diligently sought representation, cannot afford counsel, and presents plausible claims | (Not stated in opinion) | Court directs Clerk to seek pro bono counsel for Deakin |
Key Cases Cited
- Johnson v. U.S. Dep't of Treasury, 939 F.2d 820 (9th Cir. 1991) (Sets forth three-factor test for appointment of counsel in Title VII actions: financial resources, efforts to secure counsel, and merit of the claim)
