~~~~~~~~~~..........~~~~~~~~~~
Martin Lindstedt March 22, 1996
Rt. 2, Box 2008
Granby, Missouri 64844
(417) 472-6901
Judge Dean Whipple
United States District Court
Western District of Missouri
Room 201 U.S. Courthouse
Kansas City, Missouri 64106
Re: Lindstedt vs. Missouri Southern State College et. al.
Case No. 95-5070-CV-SW-1, briefing schedule.
Judge Whipple:
I have received and answered the motions to dismiss coming from both
the lawyers for the defendants Missouri Southern State College and The
City of Joplin. Lawyer Urbom, on behalf of the City of Joplin and its
police officers, had requested a delay until Feb. 15 to answer
Plaintiff's complaint.
In January of this year, when one of your clerks called to ask me if
I would give the City of Joplin group of defendants an extra month to
respond and after I said yes, I asked when the case would continue. I
was informed that a briefing schedule would be set by this court.
While I have learned a bunch of law in answering the Defendants'
motions, I am indeed wondering when discovery will proceed. I will be
happy to answer any questions the Defendants and their lawyers have; I
am in turn interested in finding out the identities of the two unknown
Joplin police officers, the whereabouts of Police Officer Denis, and
other matters concerning this case. In order for this case to proceed
in a manner fair to all parties, the question of guilt and the parties
involved must be brought to light. Conversely, the Defendants might
wish to settle with the Plaintiff in an out-of-court settlement.
Perhaps the clerk who answered my question was wrong and it is up to
the plaintiff to initiate discovery proceedings.
Plaintiff has looked at local rule 15 B.1. This rule states that 90
period begins on the date on which defendant appears or files any paper.
In that case, the last Defendant appeared on Feb. 14th, the date Lawyer
Urbom filed her motion on behalf of the City of Joplin. The rule says
that "a scheduling order shall be entered no later than 90 days . . .,"
implying an action to be taken by the court.
Of course, since Plaintiff is proceeding pro se, perhaps local rule
15 C.1.a. applies, although in that case there seems to be no allowance
made for having a scheduling order at all.
Plaintiff would like for this case to continue. If it is Plaintiff's
duty to start this ball rolling by proposing a meeting of all parties
in accordance with Federal Rule of Civil Procedure 26(f), then Plaintiff
proposes just such a meeting to be held in Joplin sometime in March or
April. Joplin is the area wherein the Defendants and Plaintiff live.
Plaintiff thinks that sending a flurry of motions and memorandum back
and forth between the judge, plaintiff, and defendants is a waste of
time and postage. This case should be decided in a court of law, not
through the public mails.
In case Plaintiff does not understand the procedure and is getting
unduly impatient, Plaintiff apologizes and awaits your decision as to
the proper scheduling order, Judge Whipple. If Plaintiff must take the
initiative in this matter, I hereby request a meeting between the
various parties to this suit to be held in Joplin, Missouri.
Thank you for your time and attention.
Sincerely yours,
Martin Lindstedt
Plaintiff, Pro-Se
P.S. Regarding my candidacy for governor of Missouri on the Libertarian
Party ballot. I tried to file as a poor person on Monday, March 18,
1996. When I was refused, I filed as pauper's lawsuit before the
Missouri Supreme Court to get judicial review of the Constitutionality
of not allowing poor people to run for public office. On Wednesday,
March 20, I obtained personal loans of two $100 checks and filed for
the office of governor. The people involved loaned me the money
specifically for the purpose of filing for governor, not for my personal
upkeep or for lawsuits. I will not be allowed to accept any campaign
money until after the Missouri General Assembly adjourns at the end of
May.
Martin Lindstedt
cc: Lawyer Ron Mitchell, Joplin
Lawyer Joy Urbom, St. Louis
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