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).

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