Christian v. Commerce Bank N.A. et al

Filing 55

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's second motion for appointment of counsel is DENIED without prejudice for the same reasons his previous motion for appointment of counsel was denied. (Doc. No. 53 .) IT IS FURTHER ORDERED that Plaintiff shall have until August 4, 2014 to file a response to Defendants motion to dismiss (Doc. No. 50 ). (Please see Order for further details.). Signed by District Judge Audrey G. Fleissig on 7/28/2014. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FRED CHRISTIAN,
Plaintiff,
v.
COMMERCE BANK N.A., et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)

No. 4:14CV00201 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s second motion (Doc. No. 53) for
appointment of counsel. Upon review of the record, the Court finds that circumstances
have not changed since Plaintiff’s first motion for appointment of counsel was denied.
(See Doc. No. 15.) In connection with this motion, the Court also notes that Plaintiff’s
first amended complaint makes allegations of serious discriminatory conduct, including
red-lining. Under Federal Rule of Civil Procedure 11(b), by presenting a pleading to the
Court, an attorney or an unrepresented party is effectively certifying to the Court that the
allegations, to the best of the party’s knowledge, information, and belief, formed after
reasonable inquiry, have sufficient legal and factual bases. Fed. R. Civ. P. 11(b)(2)-(3).
Thus far, Plaintiff has provided little basis for his allegations.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s second motion for appointment of
counsel is DENIED without prejudice for the same reasons his previous motion for

appointment of counsel was denied. (Doc. No. 53.)
IT IS FURTHER ORDERED that Plaintiff shall have until August 4, 2014 to
file a response to Defendants’ motion to dismiss (Doc. No. 50).
IT IS FURTHER ORDERED that the Court shall, by separate order, grant
Plaintiff’s motion for appointment of counsel for the limited purpose of providing legal
advice and representing Plaintiff during the course of mediation. (Doc. No. 43.)

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 28th day of July, 2014

-2-