Lacey v. American Family Insurance et al
ORDERED that plaintiffs' motion for reconsideration (ECF doc. 5 is DENIED. It is further ORDERED that the clerk of the court mail a copy of this order by regular mail and certified mail, return receipt to plaintiff at: 3735 HighlandKansas City, Mo. 64109. Copy of order sent to plaintiff via regular and certified mail (article # 7001 0360 0003 3497 8584)as directed in order. Signed on 4/6/2012 by District Judge Howard F. Sachs. (Baldwin, Joella)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
MARY F. LACEY
AMERICAN FAMILY INS. CO.,
MISSOURI DEPT. OF SOCIAL SERVICES)
MISSOURI GAS ENERGY,
KANSAS CITY HOUSING AUTHORITY, )
TRUMAN MEDICAL CENTER,
Case No. 12-CV-00157-W-HFS
Plaintiffs have filed a motion for reconsideration of an order denying leave to proceed in
forma pauperis. Denial of the motion in this case was based on similar claims raised by plaintiffs
against defendants American Family Insurance Co., Truman Medical Center, and the FDA in Case
No. 12-124. However, additional time was granted for plaintiffs to file an amended complaint in
Case No. 12-124 incorporating all claims against all defendants. It appears that the basis of the
complaint filed in both cases is the alleged harm suffered by plaintiff, Jaibriaine Lacey, due to
ingestion of a drug called Terbutaline.
In the above captioned case, plaintiffs continue to assert allegations regarding Terbutaline.
Because it would be a wasteful exercise of judicial resources to preside over litigation in both cases
asserting similar allegations against the same defendants, in forma pauperis status was not granted
in this case. In this action plaintiffs also assert claims against the Missouri Dept. of Social Svcs.,
Missouri Gas Energy, Kansas City Housing Authority, Social Security Administration, and Kansas
City Power & Light. However, the claims asserted against these defendants are not clear in either
the complaint or the instant motion for reconsideration; rather, they are rambling and lacking in
detail regarding the complained-of conduct. Thus, in forma pauperis status will not be granted to
plaintiffs in asserting claims against these defendants. In the event plaintiffs wish to proceed, the
filing fee must be paid within thirty days from the date of this order or this case will be dismissed
without further notice.
Accordingly, it is hereby
ORDERED that plaintiffs’ motion for reconsideration (ECF doc. 5) is DENIED. It is further
ORDERED that the clerk of the court mail a copy of this order by regular mail and certified
mail, return receipt to plaintiffs at:
Kansas City, Mo. 64109
/s/Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE
April 6, 2012
Kansas City, Missouri
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