Banks et al v. Nationstar Mortgage et al

Filing 8

ORDER: Defendant Sentry Management, Inc.'s Motion to Dismiss 7 is GRANTED. The Complaint 1 is DISMISSED without prejudice. Plaintiffs have thirty (30) days from the date of this Order to file an amended complaint. Failure to do so will result in this case being closed. Signed by Judge James S. Moody, Jr. on 2/22/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
KENNETH BANKS and SHAKIMA
THOMAS BANKS,
Plaintiffs,
v.

Case No: 5:17-cv-36-Oc-30PRL

NATIONSTAR MORTGAGE and
SENTRY MANAGEMENT, INC.,
Defendants.

ORDER
Kenneth and Shakima Banks filed a pro se Complaint (Doc. 1) against Nationstar
Mortgage and Sentry Management, Inc. The Complaint is best described as a narrative of
events for which Plaintiffs seek to hold Defendants liable. Sentry Management moves to
dismiss the Complaint for failing to comply with the Federal Rules of Civil Procedure.
Because the Complaint is improper, the Court concludes it should be dismissed without
prejudice and that Plaintiffs should be allowed to correct the deficiencies.
DISCUSSION
In reviewing a pro se complaint, courts must hold the pro se pleading to a less
stringent standard and must construe the complaint liberally. Tannenbaum v. United States,
148 F.3d 1262, 1263 (11th Cir. 1998) (per curiam) (“Pro se pleadings are held to a less
stringent standard than pleadings drafted by attorneys and will, therefore, be liberally
construed.” (citation omitted)). Although courts afford liberal construction to pro se

litigants’ pleadings, litigants appearing pro se must adhere to the procedural requirements
of the Federal Rules of Civil Procedure as well as the Local Rules for the Middle District
of Florida. McNeil v. United States, 508 U.S. 106, 113 (1993) (“[W]e have never suggested
that procedural rules in ordinary civil litigation should be interpreted so as to excuse
mistakes by those who proceed without counsel.”).
The Complaint must be dismissed because it does not follow the rules governing
pleadings. 1 Specifically, the Complaint does not satisfy Rules 8(a) or 10(b). These rules
provide as follows: 2
Rule 8. General Rules of Pleading
(a)
Claim for Relief. A pleading that states a claim for relief must
contain:
(1)
a short and plain statement of the grounds for the court's
jurisdiction, unless the court already has jurisdiction and the
claim needs no new jurisdictional support;
(2)
a short and plain statement of the claim showing that the
pleader is entitled to relief; and
(3)
a demand for the relief sought, which may include relief in the
alternative or different types of relief.
…
Rule 10. Form of Pleadings
…
(b)
Paragraphs; Separate Statements. A party must state its claims or
defenses in numbered paragraphs, each limited as far as practicable to
a single set of circumstances. A later pleading may refer by number
to a paragraph in an earlier pleading. If doing so would promote
clarity, each claim founded on a separate transaction or occurrence-and each defense other than a denial--must be stated in a separate
count or defense.
1

The Court did not wait for the Bankses to respond to Sentry Management’s Motion to
Dismiss (Doc. 7) because any response would be futile.
2

The Bankses can download all of the Federal Rules of Civil Procedure online at
http://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civilprocedure.

2

Fed. R. Civ. P. 8(a) and 10(b). The Complaint contains no numbered paragraphs, does not
set out separate claims, and does not state what remedy Plaintiffs seek. So the Complaint
must be dismissed.
While the Complaint is being dismissed, the Court concludes Plaintiffs should be
given an opportunity to file an amended complaint. But the Court warns Plaintiffs that
failure to abide by the Federal Rules of Civil Procedure a second time could result in the
case being dismissed with prejudice. Kennedy v. Bell S. Telecommunications, Inc. (AT&T),
546 F. App'x 817, 820 (11th Cir. 2013).
Accordingly, it is ORDERED AND ADJUDGED that:
1.

Defendant Sentry Management, Inc.'s Motion to Dismiss (Doc. 7) is

GRANTED.
2.

The Complaint (Doc. 1) is DISMISSED without prejudice.

3.

Plaintiffs have thirty (30) days from the date of this Order to file an amended

complaint. Failure to do so will result in this case being closed.
DONE and ORDERED in Tampa, Florida, this 22nd day of February, 2017.

Copies furnished to:
Counsel/Parties of Record

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