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Clemens v. Local One, Service Employees International Union

United States District Court, E.D. Missouri, Eastern Division

February 15, 2019

ARTHUR J. CLEMENS, Jr., Plaintiff,
v.
LOCAL ONE, SERVICE EMPLOYEES INTERNATIONAL UNION, et al., Defendants.

          MEMORANDUM AND ORDER

          RONNIE L. WHITE, UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on the following motions: pro se plaintiff Arthur J. demons's Motion Regarding Exhibits (ECF No. 47) and Motion to Disqualify Defense Counsel Suggs (ECF No. 53) and Defendants' Motion to Strike Plaintiffs Objection to Defense Counsel Suggs Taking Deposition (ECF No. 54). Upon review of the motions and memoranda, the Court denies Plaintiffs motions and grants Defendants' motion.

         DISCUSSION

         I. Plaintiffs Motion Regarding Exhibits

         According to Plaintiffs Memorandum for Clerk (ECF No. 47), which the Court construes as a Motion Regarding Exhibits, he and defense counsel have conflicted over whether Plaintiff was responsible for providing copies of exhibits referenced in his pleadings. From what the Court can tell based on the filings, the parties initially had an agreement that pro se Plaintiff could serve his pleadings on Defendants via email. (ECF No. 48-3) However, defense counsel complained that Plaintiff would email his pleadings many hours after he filed them with the Court, including after normal business hours in the middle of the night. (ECF Nos.'48, at 1-2; 48-1) Defense counsel further complained that Plaintiff would not attached exhibits referenced in the pleadings and the documents that were emailed were not "true and accurate" copies of what were filed with the Court.[1] In light of Plaintiff s manner of serving Defendants with pleadings, defense counsel advised Plaintiff that he no longer consented to service by email and that serviced needed to be performed in accordance with Federal Rule of Civil Procedure 5, namely by hand-delivery or delivery by United States mail. (ECF No. 48-3)

         Plaintiff objects to Defendants' demand that he provide paper copies of each exhibit referenced in his pleadings. (ECF No. 47) He maintains that he has previously provided copies of exhibits and defense counsel should have them. Further, he points out that all filings are accessible via PACER.

         Federal Rule of Civil Procedure 5 establishes the procedure for service. Subsection (b)(2)(E) specifically allows service by "sending it to a registered user by filing it with the court's electronic-filing system or sending it by other electronic means that the person consented to in writing.'" (Emphasis added). Absent such an agreement, however, parties must effect service by one of the following means:

(A) handing it to the person;
(B) leaving it:
(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it to the person's last known address-in which event service is complete upon mailing;
(D) leaving it with the court clerk if the person has no ...

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