Jewell v. Sunshine Towing, LLC

Filing 7

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, DIRECTING SERVICE AND DENYING MOTION TO APPOINT COUNSEL. Signed by U.S. District Judge Lawrence L. Piersol on 5/8/2024. MAILED to Ms. Jewell. (SAC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION

JAELYN JEWELL,

CIV. NO.5:24-5011-LLP

Plaintiff,
MEMORANDUM OPINION AND ORDER

vs.

GRANTING MOTION TO PROCEED IN

SUNSHINE TOWING,LLC,

FORMA PAUPERIS,DIRECTING
SERVICE,AND DENYING MOTION TO

Defendant.

APPOINT COUNSEL

Pending before the Court is a Motion for Leave to Proceed in Forma Pauperis (Doc. 3),

and Motion to Appoint Counsel(Doc.4)filed by pro se plaintiff Jaelyn Jewell("Ms. Jewell"). For
the following reasons, Ms. Jewell's Motion for Leave to Proceed in Forma Pauperis is granted and
the Court will direct that service be made upon defendant Sunshine Towing, LLC ("Simshine
Towing"). Ms. Jewell's Motion to Appoint Counsel is denied without prejudice.
BACKGROUND

I.

Facts

On February 14, 2024, Plaintiff Jaelyn Jewell filed a lawsuit against Sunshine Towing,

LLC. The Court's jurisdiction in this matter is premised on diversity jurisdiction. Plaintiff alleges
that she is a resident of Spokane, Washington and that Defendant Sunshine Towing is located in
Deadwood, South Dakota. (Doc. 1). Ms. Jewell seeks a judgment "in the maximum amount of

$202,199.00," including $180,000 in punitive damages plus costs and fees, and a replacement
Cadillac. (Doc. 1).

In her Complaint, Ms. Jewell alleges claims for fraud in the inducement and conversion
against Sunshine Towing. The Court will detail the facts alleged by Ms. Jewell in her Complaint.
Ms. Jewell alleges that on August 18, 2021, she bought a Cadillac XTS ("Cadillac") for

$17,199,000. (Doc. l,|a). On or about April 3,2022,Ms.Jewell was driving a BuickRoadmaster
("Buick") which was owned and titled in her sister's name. (Doc. 1, If b). The vehicle became