Grauel v. Excelsior Springs School District et al

Filing 26

MEMORANDUM to the file. Signed on 1/9/12 by Magistrate Judge Robert E. Larsen. (Wilson, Carol). Copy of Memorandum mailed to plaintiff Lorinda J. Grauel at 1700 Birch St. Excelsior Springs, MO 64024 on 1/10/2012 (Wilson, Carol).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
LORINDA GRAUEL,
Plaintiff,
v.
EXCELSIOR SPRINGS SCHOOL DISTRICT,
Defendant.

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Case No. 10-0824-CV-W-REL

MEMORANDUM TO THE FILE
On January 9, 2012, plaintiff spoke with my law clerk, Carol Wilson, by telephone.
Because of the numerous ex parte conversations between plaintiff and my staff, I am writing this
memorandum to the file to document the fact that these ex parte communications have taken
place. Plaintiff’s first three motions in the case were oral motions for additional time to serve the
defendant. Since that time, plaintiff has been told repeatedly by my law clerk and my courtroom
deputy, Sue Anderson-Porter, that my staff may not provide legal advice to a party. Plaintiff has
asked my staff what she should put in documents, she has asked for assurances that her filings
would be considered “on time,” she has asked whether doing things a certain way would solve
whatever issue she was faced with, etc. My staff has explained to her numerous times that I have
directed them not to provide her with legal advice; however, she continues to call my office with
more questions about how to proceed in her case.
The telephone conversation this afternoon dealt with plaintiff’s amended complaint which
was stricken on November 17, 2011, in an order that also granted plaintiff’s request to file an
amended complaint. That order (document number 25) directed plaintiff to file her amended
complaint “forthwith.” Plaintiff asked my law clerk today, nearly two months later, questions
about filing that amended complaint. She asked whether she should file it now, she tried to argue
the merits of my order striking her untimely jury demand, she tried to argue the merits of
whether her amended complaint actually included a new count. Plaintiff claimed that she did
not know what “forthwith” meant. She asked my law clerk whether she could appeal my ruling

denying her untimely request for a jury. Plaintiff complained about the trial setting, indicating
that it is not the date to which she and the defense attorney agreed. Plaintiff was told that the
parties do not get to set the deadlines, they can only propose them. Plaintiff asked what she
should do if she has a conflict with the trial setting. She also claimed that she never got a copy of
the scheduling order and had to have someone send her one (yet, there is nothing in the record
indicating that anyone from the court sent plaintiff another copy of the scheduling order).
My law clerk told plaintiff that much of what has happened in this case is not in the
record because she continues to make telephone calls to my staff. She was told that there is no
way for me to see what has happened in the case and there is no way for a Court of Appeals to
know what has happened in the case if she continues to try to conduct business over the phone in
ex parte conversations.
My staff has been directed again today not to discuss the merits of this case with plaintiff,
not to discuss with plaintiff whether her actions or documents will be sufficient or deficient in
any way, not to discuss with plaintiff what she should or should not do or what she can or cannot
do. Plaintiff has elected to file this lawsuit pro se; and while this may not have been her first
choice, it is still a choice she made. She has been directed to stop asking my staff for legal advice,
and she has been told that if she needs to discuss the case for any reason a teleconference with the
court and opposing counsel will be held, it will be recorded, and a minute sheet will be filed.
A copy of this Memorandum has been provided to plaintiff and to defense counsel.

ROBERT E. LARSEN
United States Magistrate Judge
Kansas City, Missouri
January 9 , 2012

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