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BAKER v. KECK, 6:14-cv-1356-JTM-KGG. (2017)

Court: District Court, D. Kansas Number: infdco20170131b82 Visitors: 11
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
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ORDER

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.

FootNotes


1. The Court notes that although Mr. Ritchie's signature is on the original cover sheet for this case, he was not a party to the original Complaint. (See 10/28/14 text entry.)
Source:  Leagle

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