Gage v. Burger King
ORDER consolidating this case under 4:14-cv-497. 1 In Forma Pauperis Motion granted; 3 Motion to Appoint Counsel denied without prejudice. Gage must file information about the registered agents authorized to receive service of process for Burger King and FLIS Enterprises, Inc. by 30 September 2014. The Court directs the U.S. Marshal to serve Martin and Hill.. Signed by Judge D. P. Marshall Jr. on 9/19/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ANTOINE B. GAGE
BURGER KING; FLIS ENTERPRISES, INC.;
and LISA MARTIN
ANTOINE B. GAGE
BURGER KING and HEATHER HILL
1. Gage has filed two Title VII complaints involving common questions
of law and fact against two Burger King stores and related employees. He
pleads sexual harassment, retaliation, and discrimination claims involving
employees who've worked at both locations. Consolidation is the best way
to manage the actions and promote the efficient use of the parties' and the
Court's resources. Fed. R. Civ. P. 42(a). Case No. 4:14-cv-499 is consolidated
with Case No. 4:14-cv-497, which shall be the lead action.
2. Gage moves to proceed in forma pauperis. NQ 1. He says that he has
an account balance of zero, has several bills to pay, has school loans, and that
he's $24,000.00 behind in child support payments to four of his children.
Gage currently makes $350.00 per week. Gage cannot afford to pay the filing
fee. The motion, NQ 1, is therefore granted. 28 U.S.C. § 1915(a).
3. The Court must screen Gage's complaint. 28 U.S.C. § 1915(e)(2).
Gage has stated plausible Title VII claims-though they're full of irrelevant
facts-upon which relief can be granted. Fed. R. Civ. P. 12(b)(6).
4. Gage's motion for appointed counsel, NQ 3, is denied without
prejudice. Taking into account the complexity of the case, Gage's ability to
investigate the facts, and his ability to present his claim, the Court
concludes that it's too early to appoint counsel. Stevens v. Redwing, 146 F.3d
538,546 (8th Cir. 1998). Gage should continue to look for a lawyer. He has
sought only the assistance of Legal Aid. That's an inadequate effort. Many
Arkansas lawyers are willing to pursue Title VII cases. Gage's motion for
counsel, NQ 3, is denied without prejudice.
The cases are consolidated under Case No. 4:14-cv-497. In forma
pauperis motions, NQ 1 & 1, granted. Motions for appointed counsel, NQ 3 &
3, denied without prejudice. Gage must file information about the
registered agents authorized to receive service of process for Burger King
and FLIS Enterprises, Inc. by 30 September 2014. The Court directs the U.S.
Marshall to serve Martin and Hill. See Case No. 4:14-cv-497, NQ 2 at 1; Case
No. 4:14-cv-499, NQ 2 at 1.
D.P. Marshall Jr. (j
United States District Judge
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