Pendegraft v. Kreke et al

Filing 43

ORDER GRANTING 28 MOTION Leave to Resign Appointment filed by Curtis Pendegraft. Attorney David S. Rosenbloom terminated. Attorney Melanie R. King for Curtis Pendegraft added. Telephonic Status Conference set for 10/14/2015 at 2:00 PM before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 9/16/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

CURTIS PENDEGRAFT,
Plaintiff,
vs.
ALBERTO BUTILAID, et al.,
Defendants.

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CIVIL NO. 3:15-cv-816-NJR-DGW

MEMORANDUM AND ORDER
WILKERSON, Magistrate Judge:
This matter is before on the Motion for Leave to Resign Appointment filed by David S.
Rosenbloom on August 28, 2015 (Doc. 28). The Motion is GRANTED. Mr. Rosenbloom
representation of Plaintiff is hereby TERMINATED and Attorney Melanie R. King of the firm
Armstrong Teasdale LLP-St. Louis is hereby APPOINTED to represent Plaintiff in this Court
only.1 Attorney Melanie R. King is encouraged to share her responsibilities with an associate
who is also admitted to practice in this district court. Attorney King shall enter her appearance on
or before September 30, 2015.
Plaintiff is again cautioned to consult with his counsel in this matter and to understand that
it is Ms. King who is the legal professional in this relationship. Without commenting on the
validity of the matter in litigation, counsel is reminded and plaintiff is advised that counsel, even
though appointed by the Court, has an obligation under the rules to refrain from filing frivolous
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The Local Rules of the Southern District of Illinois direct that every member of the bar of this
Court “shall be available for appointment by the Court to represent or assist in the representation of
those who cannot afford to hire an attorney.” SDIL-LR 83.1(i).
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pleadings. As a consequence, counsel will likely, from time to time, advise Plaintiff against taking
a certain course of action. While Plaintiff may not totally agree with counsel’s advice, he should
realize that, in the long run, such advice will be in his best interest because it is in compliance with
the law. Also, counsel may advise Plaintiff to pursue additional claims or to abandon certain
existing claims.
Counsel, of course, maintains an ethical obligation to fully and vigorously represent his
client, but only to the extent that it does not impede his ethical obligation to follow the rules of the
Court and the law. If Plaintiff wants to be represented by counsel, he will have to cooperate fully
with counsel. The Court will not accept any filings from Plaintiff individually while he is
represented by counsel, except a pleading that asks that he be allowed to have counsel withdraw
from representation. If counsel is allowed to withdraw at the request of Plaintiff, it is unlikely the
Court will appoint other counsel to represent him.
Because Plaintiff is proceeding in forma pauperis, if there is a monetary recovery in this
case (either by verdict or settlement), any unpaid out-of-pocket costs must be paid from the
proceeds. See SDIL-LR 3.1(c)(1). If there is no recovery in the case (or the costs exceed any
recovery), the Court has the discretion reimburse expenses. The funds available for this purpose
are limited, and counsel should use the utmost care when incurring out-of-pocket costs. In no
event will funds be reimbursed if the expenditure is found to be without a proper basis. The Court
has no authority to pay attorney’s fees in this case. Counsel is encouraged to enter into a fee
contract with Plaintiff to address both the payment of attorney’s fees and costs should
Plaintiff prevail.
Finally, counsel is informed that Plaintiff is currently incarcerated by the Illinois

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Department of Corrections at the Shawnee Correctional Center. Information about the facility is
available at www.idoc.state.il.us. Counsel may use the Illinois Department of Corrections’
videoconferencing system to confer with Plaintiff.

The Court asks the Assistant Attorney

General assigned to this case to facilitate those arrangements.
This matter is SET for a telephonic status conference on October 14, 2015 at 2:00 p.m.
Defendant to initiate the conference call. The Court’s conference number is 618-482-9004.
Parties should be prepared to discuss the schedule in this matter.
The Clerk of Court is DIRECTED to send a copy of this Order and the standard letter
concerning appointment of counsel to Attorney King immediately.
IT IS SO ORDERED.
DATED: September 16, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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