Librace v. Equifax Information Services LLC

Filing 3

ORDER directing that within 20 days of the entry of this order, plaintiff file an amended complaint that is signed by him and lists each defendant he is suing; provide proper addresses for service for all defendants he is suing; and direcing the Clerk of Court to serve this Order on plaintiff by both regular and certified mail, return receipt requested. Signed by Judge Susan Webber Wright on 05/07/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID LIBRACE,
Plaintiff,
vs.

EQUIFAX INFORMATION
SERVICES LLC, a foreign limited
liability company,
Defendant.

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No. 4:14-cv-00269-SWW

ORDER
Plaintiff David Librace, who is proceeding pro se, has filed a complaint against Equifax
Information Services LLC (Equifax) alleging violations of the Fair Credit Reporting Act, 15
U.S.C. § 1681 et seq. Plaintiff’s complaint, however, is deficient in at least two respects. First,
plaintiff’s complaint is not signed as required by Fed.R.Civ.P. 11 and Local Rule 5.5(c)(2).
Second, the caption of plaintiff’s complaint only lists Equifax as a defendant while the body of
the complaint also appears to name “Transunion” and “Experian” as defendants.
The Court directs that within twenty (20) days of the date of entry of this order, plaintiff
file an amended complaint that is signed by him and lists each defendant he is suing. Plaintiff
must set forth specific facts concerning the allegations he has set forth including, where
applicable, dates, times and places.
In addition, the Court notes that plaintiff seeks leave to proceed in forma pauperis.
Should plaintiff be granted leave to proceed in forma pauperis, he must provide proper addresses
of the defendants for service. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (per
curiam) (it is in forma pauperis plaintiff’s responsibility to provide proper address for service).

Accordingly, the Court directs that within twenty (20) days of the date of entry of this order,
plaintiff provide proper addresses for service for all defendants he is suing.
Finally, the Court directs plaintiff’s attention to the fact that he is required to be familiar
and comply with all the Federal Rules of Civil Procedure as well as the Local Rules of this
Court. Failure to so comply can result in dismissal of plaintiff’s claim. The Federal Rules of
Civil Procedure are available in many libraries and bookstores and the Local Rules can be
obtained from the Clerk of the Court for the Eastern District of Arkansas. In addition, said rules
may be accessed from the internet website of the United States District Court for the Eastern
District of Arkansas. Plaintiff is hereby instructed to be familiar and comply with said rules.1
The Clerk of Court is directed to serve this Order on plaintiff by both regular and
certified mail, return receipt requested.
IT IS SO ORDERED this 7th day of May 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Local Rule 5.5(c)(2) provides: “Parties appearing pro se. It is the duty of any party not
represented by counsel to promptly notify the Clerk and the other parties to the proceedings of
any change in his or her address, to monitor the progress of the case, and to prosecute or defend
the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state
his/her address, zip code, and telephone number. If any communication from the Court to a pro
se plaintiff is not responded to within thirty (30) days, the case may be dismissed without
prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the
Federal Rules of Civil Procedure.” See also Lindstedt v. City of Granby, 238 F.3d 933, 937 (8th
Cir. 2000) (per curiam) (pro se litigant is bound by same litigation rules as lawyers, particularly
with regard to fulfilling simple discovery requirements).
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