Thomas et al v. Chevy Chase Bank
ORDER by Judge Hamilton granting 8 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 1/2/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RODOLFO AND ROBERTA E. THOMAS,
No. C 12-4290 PJH
ORDER GRANTING MOTION TO
CHEVY CHASE BANK F.S.B.,
Before the court is defendant Chevy Chase Bank’s motion to dismiss plaintiffs
Rodolfo and Roberta E. Thomas’s complaint as “incomprehensible, nonsensical, and
incoherent.” Plaintiffs did not file an opposition to defendant’s motion to dismiss. Because
there is no discernable legal basis for plaintiffs’ complaint, the court hereby GRANTS
defendant’s motion and dismisses the complaint.
Although the court is of the opinion that re-pleading will not resolve the deficiencies
in the complaint, the court will nonetheless allow plaintiffs an opportunity to file an amended
complaint. For that amended complaint to be successful, plaintiffs must specify the number
of defendants being sued and identify each defendant by official name; must allege
separate causes of action; must state a constitutional or statutory basis for each cause of
action; and must allege facts showing each defendant’s personal involvement in the
wrongful act alleged in each cause of action. If plaintiffs fail to file the amended complaint
by January 23, 2013, or if they file an amended complaint not in accordance with the above
instructions, the case will be dismissed with prejudice.
IT IS SO ORDERED.
Dated: January 2, 2013
PHYLLIS J. HAMILTON
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?