Bunch v. University of Arkansas Board of Trustees
ORDER denying Ms. Bunch's requests, as set forth in this Order. Attorney Donna S. Galchus for Gloria A Bunch added. Attorney Larry W. Burks terminated.Ms. Bunch's motion to oppose motion for summary judgment is denied as moot. The Clerk is directed to send Ms. Bunch and Ms. Galchus via certified mail a copy of this Order and a copy of Local Rule 83.7. Signed by Judge Kristine G. Baker on 4/4/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GLORIA A. BUNCH
Case No. 4:11CV00869 KGB
UNIVERSITY OF ARKANSAS
BOARD OF TRUSTEES
The Court received a letter from plaintiff Gloria A. Bunch, which she represents as
having been mailed on January 26, 2013, to the wrong address for the Court and then mailed
again on February 26, 2013, to the Court. In her letter, Ms. Bunch requests the following: (1)
that Mr. Luther Sutter be re-appointed to represent her in this matter, (2) that the Court conduct a
private phone conference with Ms. Bunch and Mr. Sutter regarding representation, (3) that, if
Mr. Sutter is not appointed, her case be put “on hold” status “as a reasonable accommodation”
“per MD requests,” or in the alternative, (4) that Mr. Austin Porter be appointed as counsel.
The Court is guided by the Federal Rules of Civil Procedure and the Local Rules of the
Eastern District of Arkansas. Pursuant to Local Rule 83.7, in those civil cases in which the Court
deems it necessary to appoint counsel to represent a party proceeding in forma pauperis (28
U.S.C. § 1915), such appointment shall be accomplished by random selection from a list of all
actively practicing attorneys enrolled in the District in which the case is pending. By prior
Order, the Court determined that Ms. Bunch should be appointed counsel in this matter (Dkt. No.
51). Based upon the procedure outlined by the Local Rule, the Court will not appoint the
counsel Ms. Bunch specifically requests. Instead, Ms. Bunch will be appointed counsel through
the random selection process pursuant to Local Rule 83.7.1
The Court previously appointed Larry W. Burks (Dkt. No. 62). On March 18, 2013, Mr.
Burks sent a letter to the Court requesting that he be relieved as counsel because he has “retired
from the practice of law.” For good cause shown, Mr. Burks is terminated as counsel of record
for plaintiff. The Clerk is directed to terminate Mr. Burks as counsel of record for Ms. Bunch.
The Court in this Order appoints new counsel for Ms. Bunch – Donna S. Galchus of the firm
Cross, Gunter, Witherspoon & Galchus, P.C.
Ms. Bunch also states the following in her letter to the Court: “MOYION [sic] TO
OPPOSE (SUMMARY JUDGMENT TO DEFENDANT) due to FACTS and EVIDENCE of
(UNDISPUTED MATERIAL EVIDENCE)”. This reference is unclear. There is no pending
motion for summary judgment before the Court in this matter. Therefore, Ms. Bunch’s motion to
oppose summary judgment is denied as moot.
IT IS THEREFORE ORDERED,
That Ms. Bunch’s requests: (1) that Mr. Luther Sutter be re-appointed to
represent her in this matter, (2) that the Court conduct a private phone conference with
Ms. Bunch and Mr. Sutter regarding representation, (3) that, if Mr. Sutter is not
appointed, her case be put “on hold” status “as a reasonable accommodation” “per MD
requests,” or in the alternative, (4) that Mr. Austin Porter be appointed as counsel are
That Mr. Larry W. Burks be relieved as counsel for Ms. Bunch.
Ms. Bunch may approach any lawyer she wishes, including but not limited to Mr. Sutter and
Mr. Porter, in an effort to determine whether that lawyer will take her case. The Court will not involve
itself in those discussions between an attorney and a potential client, but there is nothing in this Court’s
Order that should be construed as prohibiting such a contact initiated and conducted by Ms. Bunch or
someone acting on Ms. Bunch’s behalf.
That Ms. Bunch’s motion to oppose summary judgment is denied as moot.
IT IS FURTHER ORDERED that, pursuant to Local Rule 83.7, Donna S. Galchus of the
firm Cross, Gunter, Witherspoon & Galchus, P.C., P.O. Box 3178, Little Rock, Arkansas 72203,
telephone number (501) 371-9999, is hereby appointed to represent Ms. Bunch. The Clerk of
Court is directed to send Ms. Bunch and Ms. Galchus via certified mail a copy of this Order and
a copy of Local Rule 83.7.
SO ORDERED this 4th day of April, 2013.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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