Gieselman v. Jackson et al

Filing 121

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion for leave [#118] is granted to this extent: the Clerk of the Court shall amend the docket sheet to reflect that defense counsel does not represent defendants Parks and Wallace; to the extent the motion seeks any other relief, it is denied without prejudice. Signed by Honorable Rodney W. Sippel on 8/31/2011. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GARY GIESELMAN,

)
)
Plaintiff,
)
)
vs.
)
)
VALERIA WILSON JACKSON, et al., )
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Defendants.
)

Case No. 4:10CV1619 RWS

MEMORANDUM AND ORDER
This matter is before me on defendants’ motion for leave. Although the
motion claims to seek leave to amend or correct the motion for summary
judgment, the memorandum in support seeks to amend defense counsel’s entry of
appearance. Defense counsel does not represent defendants Parks and Wallace,
even though the docket sheet states otherwise. Because the entry of appearance
states that Mark Zoole is entering his appearance on behalf of defendants
Washington County, Missouri, Jackson, Wilson, Schroeder, Mason, Thompson,
Hahn, and the Missouri Public Entity Risk Management Fund, defense counsel
could have just contacted the Clerk’s Office and informed the Court of the error
instead of filing a motion. To further complicate matters, plaintiff’s counsel has
filed a response to the motion pointing out that plaintiff “does not know if he will
be prejudiced” if the motion is granted because defendants did not attach a copy of
the amended document they seek leave to file. Of course, if plaintiff’s counsel had

bothered to read the motion he would have discerned, as did the Court, that
defense counsel is really asking the Court to correct the docket sheet to reflect that
they do not represent defendants Parks and Wallace. This case is already
complicated enough. The Court frowns upon the lawyers’ unnecessary filings.
Accordingly,
IT IS HEREBY ORDERED that the motion for leave [#118] is granted to
this extent: the Clerk of the Court shall amend the docket sheet to reflect that
defense counsel does not represent defendants Parks and Wallace; to the
extent the motion seeks any other relief, it is denied without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 31st day of August, 2011.

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