Rangel v. Synchrony Bank
Filing
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Order by Hon. Lucy H. Koh granting 9 Motion for More Definite Statement.(lhklc3, COURT STAFF) (Filed on 4/24/2017) (Additional attachment(s) added on 4/24/2017: # 1 Certificate/Proof of Service) (iym, COURT STAFF).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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JUAN RAMON RANGEL,
Plaintiff,
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ORDER GRANTING UNOPPOSED
MOTION FOR MORE DEFINITE
STATEMENT
v.
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Case No. 17-CV-00177-LHK
SYNCHRONY BANK,
Re: Dkt. No. 9
Defendant.
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Plaintiff Juan Ramon Rangel (“Plaintiff”), proceeding pro se, sues Defendant Synchrony
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Bank (“Defendant”) for false credit reporting. Before the Court is Defendant’s unopposed motion
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for a more definite statement. ECF No. 9. The Court finds this matter suitable for resolution
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without oral argument and hereby VACATES the motion hearing set for April 27, 2017, at 1:30
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p.m. Having considered the submissions of the parties, the relevant case law, and the record in
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this case, the Court hereby GRANTS Defendant’s motion for more definite statement.
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I.
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BACKGROUND
Plaintiff sued Defendant on November 17, 2016 in Santa Clara County Superior Court.
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ECF No. 1-1 (“Compl.”). Plaintiff used a form complaint, and alleged that Defendant owes
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Plaintiff $1,500 for “false credit reporting on care credit account [] and removal of same” on April
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Case No. 17-CV-00177-LHK
ORDER GRANTING UNOPPOSED MOTION FOR MORE DEFINITE STATEMENT
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14. Id. at 5. In response to the question “How did you calculate the money owed to you?”
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Plaintiff answered: “Damages per section 618–623 per FCRA.” Id. The Complaint contained no
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further facts regarding the alleged misconduct.
Defendant removed the Complaint to this Court on January 12, 2017. See ECF No. 1.
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Defendant asserted that federal question jurisdiction existed because Plaintiff’s Complaint stated
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that Plaintiff calculated damages under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §
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1681. See id.
On January 19, 2017, Defendant filed a motion for more definite statement. ECF No. 9.
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Specifically, Defendant asserted that “the Complaint contains no factual allegations in support” of
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Plaintiff’s vague assertion that Defendant engaged in “false credit reporting,” and thus Defendant
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United States District Court
Northern District of California
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could not prepare a response. Id. at 3.
Plaintiff did not file an opposition to Defendant’s motion. On February 9, 2017, Defendant
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filed a “reply,” which noted that its motion was unopposed. ECF No. 14.
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II.
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DISCUSSION
Defendant moves under Federal Rule of Civil Procedure Rule 12(e) for a more definite
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statement. Under Rule 12(e), “[a] party may move for a more definite statement of a pleading to
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which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot
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reasonably prepare a response.” Rule 12(e) motions should be granted only on those “rare
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occasions” when a complaint is so vague or so ambiguous that a party has insufficient information
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to prepare its response. See Bautista v. Los Angeles Cty., 216 F.3d 837, 843 n.1 (9th Cir. 2000).
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Even construing Plaintiff’s Complaint liberally, the Court agrees with Defendant that
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Plaintiff’s Complaint is “too vague to give notice to [Defendant] of the claims being asserted”
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against it such that Defendant can reasonably prepare a response. Demartini v. Demartini, 2016
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WL 1461812, at *6 (E.D. Cal. Apr. 14, 2016). Plaintiff’s Complaint alleges only that Defendant
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owes Plaintiff $1,500 for “false credit reporting on care credit account [] and removal of same” on
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April 14. ECF No. 1-1, at 5. It is unclear what Plaintiff means by “false credit reporting” or
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“removal of same,” and Plaintiff does not provide the year that this allegedly occurred. Id.
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Case No. 17-CV-00177-LHK
ORDER GRANTING UNOPPOSED MOTION FOR MORE DEFINITE STATEMENT
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Moreover, although Plaintiff states that Plaintiff calculated the $1,500 sum under the FCRA, it is
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unclear from Plaintiff’s Complaint what provision of the FCRA Defendant allegedly violated, or
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whether Plaintiff intends to assert only a FCRA claim.
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In sum, Plaintiff’s vague “single sentence” allegation is “not remotely enough to be
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considered an adequately stated claim in federal court.” Zhejiang Wafa Ecosys. Sci. & Tech. Co.,
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Ltd. v. Trellis Earth Prods., Inc., 2015 WL 9459921, at *1 (D. Ore. Dec. 21, 2015) (granting
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motion for more definite statement where the complaint “only provide[d] a single sentence” that
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was vague). Further, although motions for more definite statements should be granted on only
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“rare occasions,” Bautista, 216 F.3d at 843 n.1, Plaintiff has failed to oppose Defendant’s motion,
and thus Plaintiff has in effect conceded that his Complaint is deficient.
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United States District Court
Northern District of California
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III.
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CONCLUSION
For the foregoing reasons, the Court GRANTS Defendant’s unopposed motion for more
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definite statement. Plaintiff shall file within twenty-one (21) days of the date of this Order an
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amended complaint that contains “a short and plain statement of the claim showing that the
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pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Failure to comply with this 21 day deadline,
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or failure to correct the deficiencies discussed above, will result in the Court dismissing Plaintiff’s
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complaint. See Fed. R. Civ. P. 12(e) (stating that if a Court orders a more definite statement and
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the order is not obeyed “the court may strike the pleading or issue any other appropriate order”).
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IT IS SO ORDERED.
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Dated: April 24, 2017
______________________________________
LUCY H. KOH
United States District Judge
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Case No. 17-CV-00177-LHK
ORDER GRANTING UNOPPOSED MOTION FOR MORE DEFINITE STATEMENT
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