Mitchell v. Donahoe

Filing 14

ORDER denying 7 Plaintiff's Motion for Reconsideration ; granting 9 Defendant's Motion for More Definite Statement. Plaintiff shall file an Amended Complaint that meets the requirements set out above within fourteen (14) days of th e date of this Order. If Plaintiff fails to file an Amended Complaint within that time, the Clerk of the Court shall dismiss this case without further notice for failure to obey a Court order and failure to prosecute. Signed by Judge James A Teilborg on 5/7/12.(DMT)

1

WO

2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE DISTRICT OF ARIZONA

7
8

Maris S. Mitchell,
Plaintiff,

9
10
11
12

No. CV11-2244-PHX-JAT
ORDER

v.
Patrick R. Donahoe, Postmaster General,
United States Postal Service,
Defendant.

13
14

Currently pending before the Court are Plaintiff’s Motion for Reconsideration

15

(Doc. 7) and Defendant’s Motion for More Definite Statement (Doc. 9). The Court now

16

rules on the motions.

17

MOTION FOR RECONSIDERATION

18

Plaintiff filed a Motion to Appoint Counsel on November 15, 2011. (Doc. 3.) The

19

Court denied that motion on November 23, 2011, citing Plaintiff’s failure to demonstrate

20

exceptional circumstances. (Doc. 6.)

21

On December 19, 2011, Plaintiff filed a Motion for Reconsideration of the Court’s

22

ruling on her Motion to Appoint Counsel. (Doc. 7.) In her Motion for Reconsideration,

23

Plaintiff admits she did not know about the Bradshaw factors referenced in the Court’s

24

Order and describes her attempt to retain counsel to represent her in this case.

25

As the Court noted in its earlier Order, there is no constitutional right to appointed

26

counsel in a civil case. Ivey v. Bd. Of Regents of Univ. of Alaska, 673 F.2d 266, 269 (9th

27

Cir. 1982). But the Court may appoint counsel in “exceptional circumstances,” Wilborn

28

v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986), and, in civil rights employment

1

discrimination cases, when the court deems just, Bradshaw v. Zoological Soc’y of San

2

Diego, 662 F.2d 1301, 1318 (9th Cir. 1981).

3

The Court finds that Plaintiff’s attempts to retain counsel as described in her

4

Motion for Reconsideration do not constitute exceptional circumstances. The Court

5

further finds that Plaintiff’s Motion for Reconsideration demonstrates her ability to

6

respond to Court orders and articulate her position. Finally, the Court finds that the letter

7

attached to Plaintiff’s Motion for Reconsideration does not contribute to the Court’s

8

ability to assess the merit of Plaintiff’s claims. The Court therefore will deny the Motion

9

for Reconsideration.
MOTION FOR MORE DEFINITE STATEMENT

10
11

Federal Rule of Civil Procedure 12(e) provides that a party may move for a more

12

definite statement of a pleading if the pleading is so vague or ambiguous that the party

13

who is allowed a responsive pleading cannot reasonably prepare a response. A Rule

14

12(e) motion must point out the defects in the pleading and the details desired.

15

Defendant filed his Motion for More Definite Statement on November 23, 2011.

16

(Doc. 9.) Defendant claims that Plaintiff’s Complaint is so vague and ambiguous that he

17

cannot formulate a response.

18

In her Response to the Motion for More Definite Statement, Plaintiff does not

19

actually respond to Defendant’s arguments in the Motion. She instead attempts to clarify

20

the allegations in her Complaint.

21

respond to Defendant’s arguments seem to indicate that she acknowledges the

22

deficiencies of her Complaint.

Plaintiff’s attempts at clarification and failure to

23

The Court agrees with Defendant that the Complaint does not meet the

24

requirements of Federal Rule of Civil Procedure 8(a) and is so vague and ambiguous that

25

Defendant cannot form an appropriate response. While giving some background, the

26

Complaint does not contain short and plain statements of the grounds for Plaintiff’s

27

claims for relief.

28

constitutional provision Defendant allegedly violated.

Nor does the Complaint identify what state or federal statute or

-2-

1

The Court therefore will grant Defendant’s Motion for More Definite Statement

2

and hereby orders Plaintiff to file an Amended Complaint within fourteen (14) days of

3

the date of this Order. The Amended Complaint shall comply with the requirements of

4

Federal Rules of Civil Procedure 8(a) and 10(b) and shall set forth the factual bases for

5

Plaintiff’s claims. Plaintiff’s claims themselves shall be set out in separate Counts and

6

shall identify which law, treaty, or constitutional provision Defendant allegedly violated.

7

The Amended Complaint also shall: 1) provide the names of the United States Postal

8

Service Employees who allegedly discriminated and/or retaliated against Plaintiff; 2)

9

contain a description of the alleged discriminatory conduct and the alleged adverse

10

employment action or actions; and 3) identify the time frames for the alleged

11

discriminatory conduct.

12

Accordingly,

13

IT IS ORDERED DENYING Plaintiff’s Motion for Reconsideration (Doc. 7.)

14

IT IS FURTHER ORDERED GRANTING Defendant’s Motion for More

15

Definite Statement (Doc. 9).

16

IT IS FURTHER ORDERED that Plaintiff shall file an Amended Complaint that

17

meets the requirements set out above within fourteen (14) days of the date of this Order.

18

If Plaintiff fails to file an Amended Complaint within that time, the Clerk of the Court

19

shall dismiss this case without further notice for failure to obey a Court order and failure

20

to prosecute.

21

Dated this 7th day of May, 2012.

22
23
24
25
26
27
28
-3-