Filed: Jan. 30, 2017
Latest Update: Jan. 30, 2017
Summary: ORDER KENNETH G. GALE , Magistrate Judge . NOW BEFORE THE COURT are[65] the Motion to Join Complaint filed by non-party movant Randall Ritchie, [66] the Motion to Separate filed by non-party movant Steve Islam, and [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Complaint filed by counsel. The Court hereby GRANTS [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Co
Summary: ORDER KENNETH G. GALE , Magistrate Judge . NOW BEFORE THE COURT are[65] the Motion to Join Complaint filed by non-party movant Randall Ritchie, [66] the Motion to Separate filed by non-party movant Steve Islam, and [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Complaint filed by counsel. The Court hereby GRANTS [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Com..
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ORDER
KENNETH G. GALE, Magistrate Judge.
NOW BEFORE THE COURT are[65] the Motion to Join Complaint filed by non-party movant Randall Ritchie, [66] the Motion to Separate filed by non-party movant Steve Islam, and [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Complaint filed by counsel.
The Court hereby GRANTS [67] Plaintiff David Thayer's Motion to Separate from the Plaintiffs, Court-appointed counsel, and the Amended Complaint filed by counsel. Plaintiff shall now represent himself pro se and the original Complaint [1] shall be active as to him. The case will proceed as if there were two separate cases filed (with separate Complaints) that were subsequently consolidated.
The Court DENIES [65] Motion to Join Complaint filed by non-party movant Randall Ritchie.1 Mr. Ritchie is not a named party in this case. As such, his motion is improper. The Court notes, however, that Mr. Ritchie may be allowed to opt-in to this case (and join Mr. Thayer's Complaint, if certified as a class action) at a later time after an appropriate notice.
The Court further DENIES [66] Motion to Separate filed by non-party movant Steve Islam. Because Mr. Islam is currently not a party to either Complaint in this case, he cannot be "separated" from the other Plaintiffs, the Amended Complaint or Court-appointed counsel. Mr. Islam's motion is, therefore, DENIED. The Court notes, however, that Mr. Islam may be allowed to opt-in to this case (and join Mr. Thayer's Complaint, if certified as a class action) at a later time after an appropriate notice.
IT IS SO ORDERED.