Mahuwe v. Petsmart Incorporated

Filing 12

ORDER granting 5 Motion for More Definite Statement. Plaintiff shall file an amended complaint by April 30, 2012. Signed by Judge David G Campbell on 4/9/12.(SJF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roger Mahuwe,

No. CV12-0263-PHX-DGC
Plaintiff,

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ORDER

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v.

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Petsmart,
Defendant.

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On February 08, 2012, Plaintiff Roger Mahuwe filed a complaint against

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Defendant. Doc. 1. In lieu of a response, Defendant filed for a more definite statement

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under Federal Rule of Civil Procedure 12(e). Doc. 5. Plaintiff responded (Doc. 9) and

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Defendant replied (Doc. 11). No party has requested oral argument. For the reasons that

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follow, the Court will grant the motion.

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I.

Standard.

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Under Rule 12(e), if a complaint is so vague or ambiguous that a party cannot

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reasonably be required to frame a responsive pleading, the defendant may move for an

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order requiring a more definite statement by pointing out the defects complained of and

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the details desired. Bautista v. County of L.A., 216 F.3d 837, 843 n. 1 (9th Cir. 2000).

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Rule 12(e) motions are “‘ordinarily restricted to situations where a pleading suffers from

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unintelligibility rather than want of detail, and if the requirements of the general rule as to

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pleadings are satisfied and the opposing party is fairly notified of the nature of the claim,

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such motion is inappropriate.’” Castillo v. Norton, 219 F.R.D. 155, 163 (D. Ariz. 2003)

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(quoting Sheffield v. Orius Corp., 211 F.R.D. 411, 414–15 (D. Or. 2002)).

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II.

Analysis.

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Defendant argues that Plaintiff’s Complaint is so vague that it cannot reasonably

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frame a responsive pleading, and that the complaint fails to adhere to the pleading

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requirements of Rules 8 and 10. In his opposition, Plaintiff does not address Defendant’s

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arguments relating to its motion.

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deficiencies in Defendant’s case.

He instead makes arguments about possible

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Plaintiff’s complaint is deficient in several respects. The entirety of Plaintiff’s

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factual allegations reads: “[t]he company Petsmarts [sic] has unjustly dismissed me from

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work I have been racially persecuted by the management.” Doc. 1. Plaintiff attaches a

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written statement that more thoroughly describes the events leading to his claims, but this

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statement should be part of the complaint to support the claims he alleges. Plaintiff’s

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should also number the paragraphs in the amended complaint with each numbered

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paragraph limited, as far as practicable, to a single set of circumstances. Fed. R. Civ. P.

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10(b). Numbering paragraphs which contain only a single set of circumstances allow the

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Defendant to admit or deny whole paragraphs when it responds. Although the Court can

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infer that it may have subject matter jurisdiction over a claim for employment

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discrimination, Plaintiff’s complaint must comply with Rule 8(a)(1) which requires a

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party to allege a basis for federal court jurisdiction. In addition, Plaintiffs abstract

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demand for justice is not a proper claim for relief. Plaintiff should amend his complaint

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to identify the specific remedy he seeks, such as money damages, etc. The Court will

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grant Defendant’s motion. Pursuant to Rule 12(e), Plaintiff shall have until April 30,

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2012 to file a first amended complaint.

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III.

Plaintiff’s Obligations.

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Plaintiff must become familiar with, and follow, the Federal Rules of Civil

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Procedure and the Rules of the United States District Court for the District of Arizona

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(“Local Rules”). See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1986) (“Pro se litigants

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must follow the same rules of procedure that govern other litigants.”); Jacobsen v. Filler,
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790 F.2d 1362, 1364 (9th Cir. 1986) (pro se litigants “should not be treated more

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favorably than parties with attorneys of record”); Carter v. Comm’r of Internal Revenue,

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784 F.2d 1006, 1008 (9th Cir. 1986) (“Although pro se, [plaintiff] is expected to abide by

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the rules of the court in which he litigates.”). The Federal Rules of Civil Procedure are

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available at the following Internet website: http://www.law.cornell.edu/rules/frcp/. A

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copy of the Court’s Local Rules of Civil Procedure may be obtained from the Court’s

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website or the Clerk’s Office.

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For purposes of the amended complaint, Plaintiff is directed to Rule 8 of the

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Federal Rules of Civil Procedure. Rule 8(a) provides that a complaint “shall contain (1) a

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short and plain statement of the grounds upon which the court’s jurisdiction depends, . . .

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(2) a short and plain statement of the claim showing that the pleader is entitled to relief,

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and (3) a demand for judgment for the relief the pleader seeks.” Fed. R. Civ. P. 8(a)

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(emphasis added). These pleading requirements shall be set forth in separate and discrete

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paragraphs. The paragraphs must be numbered in consecutive order. Each paragraph

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must be “simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1).

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The amended complaint must give the Defendant “fair notice of what [Plaintiff’s]

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claim is and the grounds upon which it is based.” Holgate v. Baldwin, 425 F.3d 671, 676

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(9th Cir. 2005). This includes some factual basis for the claim and the specific legal

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theory supporting the claim.

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To survive dismissal under Rule 12(b)(6), the amended complaint must plead

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“enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v.

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Twombly, 550 U.S. 544, 570 (2007)). “The plausibility standard . . . asks for more than a

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sheer possibility that a defendant has acted unlawfully,” demanding instead sufficient

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factual allegations to allow “the court to draw the reasonable inference that the defendant

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is liable for the misconduct alleged.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).

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“Threadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements, do not suffice.” Id.

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Plaintiff is warned that if he fails to file an amended complaint by April 30, 2012,
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the original complaint may be stricken and the case dismissed. See Fed. R. Civ. P. 12(e).

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Plaintiff is further warned that if he fails to prosecute this action, or if he fails to comply

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with the rules or any Court order, the Court may dismiss the action with prejudice

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pursuant to Rule 41(b) of the Federal Rule of Civil Procedure. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1260 (9th Cir.1992); Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995).

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IT IS ORDERED:

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1.

Defendants’ motion for a more definite statement (Doc. 5) is granted.

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2.

Plaintiff shall file an amended complaint by April 30, 2012.

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Dated this 9th day of April, 2012.

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