Kraemer v. United Parcel Service et al

Filing 90

OPINION AND ORDER DENYING 89 MOTION entitled "Second Request for the Court to Appoint Plaintiff Counsel" by Plaintiff Kimberly Sue Kraemer. Signed by Magistrate Judge Roger B Cosbey on 7/7/2014. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KIMBERLY SUE KRAEMER,
Plaintiff,
v.
UNITED PARCEL SERVICE, et al.,
Defendants.

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CAUSE NO. 1:14-cv-170

OPINION AND ORDER
On June 25, 2014, the Court denied pro se Plaintiff Kimberly Sue Kraemer’s request for
counsel in this Title VII case, finding that Kraemer had failed to contact at least three attorneys
about her case, and, even if she had, she was competent to litigate it herself. (Docket # 62.) Now
before the Court is Kraemer’s second motion for the recruitment of counsel. (Docket # 89.)
To be clear, since Kraemer’s initial request for counsel was denied, the Court has no
obligation to revisit the issue. See Pruitt v. Mote, 503 F.3d 647, 656 (7th Cir. 2007) (explaining
that although the court has the discretion to reconsider a request for counsel, it has no obligation
to do so).
But even if it did revisit the matter, Kraemer has nothing new to share about why she
allegedly cannot respond to Defendants’ motions to dismiss, other than to point out she has
contacted several attorneys who failed to take her case. Of course, this is an indication that her
case may have little merit and that appointing counsel will not make a difference in the case’s
ultimate outcome. See Jackson v. Cnty. of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992)
(considering plaintiff’s unsuccessful attempts to retain counsel when denying his motion to
appoint counsel). To the extent that Kraemer now suggests she must have counsel because she

does not have the abilities to prosecute her claims, that contention is rejected for the reasons
previously stated in the Court’s June 25, 2014, Order. Consequently, Kraemer’s second motion
for the recruitment of counsel (Docket # 89) is DENIED.
SO ORDERED.
Enter for this 7th day of July, 2014.
S/ Roger B. Cosbey
Roger B. Cosbey,
United States Magistrate Judge

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