Lopez, et al., v. Well's Fargo Bank, N.A., et al.,
Filing
12
MINUTE ORDER REGARDING DOCKET #10 denying 10 Motion for Leave and striking 1 Complaint, with leave to file an amended complaint, by Judge R. Brooke Jackson on 6/28/12.(sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable R. Brooke Jackson
Civil Action No. 12-cv-01492-RBJ-KMT
EMELDA MARIE LOPEZ, and
RAYMOND N. LOPEZ,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
ARONOWITZ & MECKLENBERG, LLP,
SUSAN J. HENDRICK,
ORTIZ AND ASSOCIATES, INC., and
All Persons Claiming Any Legal Or Equitable Right, Title, Estate, Lien, Or Interest In The
Property Described In The Complaint Adverse To Plaintiffs’ Title, Or Any Cloud On Plaintiffs’
Title Thereto, and
DOES 1-100,
Defendants.
MINUTE ORDER REGARDING DOCKET #10
Entered by Judge R. Brooke Jackson
The motion [docket #10] to exceed the page limit set by Judge Arguello's practice
standards is denied. Her limit is reasonable for a motion to dismiss. However, upon review of
the complaint, the Court finds that it does not comply with Rule 8(a)(2) of the Federal Rules of
Civil Procedure. The Court is aware of the difficulties faced by pro se litigants in framing
pleadings, and while the Court entirely respects the right of every citizen to represent himself or
herself, these plaintiffs might wish to consider retaining counsel or, if they cannot afford counsel,
contacting Legal Aid or Ed Butler in the Clerk's Office to see if they might qualify for a pro bono
lawyer. In any event, even with pro se litigants, the Court must require that there be reasonable
1
compliance with the procedural rules, in fairness to the opposing party and to the Court. Rule
8(a)(2) requires a "short and plain statement of the claim showing that the pleader is entitled to
relief." This complaint does not meet that standard, even liberally construed. Therefore, the
Court sua sponte strikes the complaint [docket #1 on the electronic filing system], with leave to
file an amended complaint that does comply with the rule.
DATED this 28th day of June, 2012.
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