Olajide v. Great Lakes et al

Filing 11

ORDER by Judge Hamilton dismissing case; ORDER granting 3 Motion to Dismiss for Lack of Jurisdiction; granting 8 Motion to Dismiss; finding as moot 9 Motion to Appear by Telephone; finding as moot 10 Motion to Appear by Telephone. (pjhlc1, COURT STAFF) (Filed on 3/28/2013) (Additional attachment(s) added on 3/28/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 13 RONALD BOYEDE OLAJIDE, 14 15 Plaintiff, v. 16 GREAT LAKES, et al., 17 No. C 13-80025 MISC PJH ORDER GRANTING MOTIONS TO DISMISS; ORDER DISMISSING CASE Defendants. _______________________________/ 18 19 Pro se plaintiff Ronald Boyede Olajide filed this action on February 7, 2013 as a 20 miscellaneous matter, entitled “Notice of Violations, and Opportunity to Cure.” He asserts 21 jurisdiction under admiralty law – specifically under 28 U.S.C. § 1333(1). Named as 22 defendants are “Great Lakes,” “TD Auto Finance,” “Experian,” “Equifax,” and “TransUnion.” 23 No summons was issued at the time the “Notice” was filed. Plaintiff appears to be alleging 24 a dispute regarding automobile and/or student loans, possibly under the Fair Debt 25 Collection Practices Act (“FDCPA”), 15 U.S.C. § 1962, et seq., and also appears to be 26 alleging a claim of fraud. 27 28 Defendants TD Auto Finance LLC (“TD Auto Finance”) and Experian Information Solutions, Inc. (“Experian”), have each filed a motion to dismiss. TD Auto Finance asserts 1 that the claims against it should be dismissed because plaintiff failed to serve it with the 2 summons and complaint as required under Federal Rule of Civil Procedure 4, but rather 3 attempted to serve the complaint (only) by sending it through the U.S. mail to a post office 4 box belonging to TD Auto Finance. 5 Experian contends that the claims against it should be dismissed because plaintiff 6 has failed to establish that the court has jurisdiction under 28 U.S.C. § 1333(1); because 7 Experian is not a debt collector subject to the FDCPA; because the “Notice” fails to present 8 a “short and plain statement of the claim showing that the pleader is entitled to relief;” and 9 because the fraud claim fails to allege fraud with particularity as required by Federal Rule of 11 For the Northern District of California United States District Court 10 Civil Procedure 9(b). Under the Civil Local Rules of this court, plaintiff’s opposition to the motion filed by 12 TD Auto Finance was due by March 18, 2013, and his opposition to the motion filed by 13 Experian was due by March 25, 2013. Civ. L.R. 7-3(a). No opposition to either motion was 14 filed by the respective due date. 15 The court finds that the motions must be GRANTED, for the reasons argued by 16 defendants. In addition, because plaintiff improperly filed the case as a miscellaneous 17 matter, the court finds that the action must be DISMISSED, without prejudice to refiling a 18 complaint in a regular civil action. “A civil action is commenced by filing a complaint with 19 the court.” Fed. R. Civ. P. 3. Here, the action filed by plaintiff purports to assert causes of 20 action against the defendants, and seeks damages and possibly injunctive relief. In order 21 to pursue his claims, plaintiff must file a complaint; and either pay the filing fee, have the 22 clerk issue summons for all defendants, and serve the defendants with the summons and 23 complaint in accordance with Rule 4, or apply to proceed in forma pauperis. 24 The Pro Se Handbook, which is available on the court’s website, may provide some 25 guidance regarding the proper format for a complaint, and the other procedures referenced 26 above. Plaintiff may also consider visiting the Legal Help Center at the United States 27 District Court, 450 Golden Gate Avenue, San Francisco, California, for limited-scope 28 assistance from an attorney. Assistance is provided by appointment only. An appointment 2 1 may be made by calling 415-782-9000 Ex. 8657, or by signing up at the appointment book 2 on the table outside the door of the Legal Help Center. 3 The April 10, 2013 and April 17, 2013 hearing dates previously noticed by 4 defendants are VACATED. Defendants’ requests to appear telephonically are DENIED as 5 moot. 6 7 IT IS SO ORDERED. 8 Dated: March 28, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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