Cleghorn v. Onebeacon America Insurance Company

Filing 15

ORDER dismissing as moot 6 Motion to Dismiss. Plaintiff shall have fourteen days to submit an amended complaint correcting the deficiencies identified in this order. Plaintiff is on notice that failure to do so will result in the dismissal of this case. Signed by Judge William T. Moore, Jr on 7/22/2015. (loh)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

CYNTHIA CLEGHORN,

)

FLO
U.S. MST ft1 COURT
SWA? I N'Alij DIV.

JUL 22 lOIS

CLERK__________________

Plaintiff,
)

)

V.

CASE NO. CV414-226

ONEBEACON AMERICA INSURANCE
COMPANY,
Defendant.
)

ORDER

Before the Court is Defendant's Motion to Dismiss
(Doc. 6), to which Plaintiff has filed a response (Doc. 7).
After a careful review of Plaintiff's complaint, however,
the Court finds that it is presently unable to properly
evaluate either Defendant's motion or Plaintiff's response.
Plaintiff fails to identify a specific cause of action
in her complaint. Instead, Plaintiff merely alleges a
fragmented narrative of the parties' dispute over funds
currently held in escrow by Plaintiff's counsel' before
concluding that she "was proximately damaged by Defendant's
actions." (Doc. 1, Attach. 1 at 3.) In its motion,
Defendant assumes that Plaintiff has brought suit based on

1

While it is not entirely clear from Plaintiff's filings,
the Court understands that Plaintiff's counsel received the
disputed funds as part of a settlement with a third-party
who was in a car accident with Plaintiff's husband.

some theory of tortious interference with contract. (Doc. 6
at 3.) Plaintiff appears to agree with this statement,
responding that her claim is based on Defendant's tortious
interference with her contractual rights to insurance
proceeds paid to her husband and currently held in escrow
by Plaintiff's attorney. (Doc. 7 at 4.) However,
Plaintiff's brief does little to explain the matter
further, rendering it impossible for the Court to determine
whether she has a plausible claim for relief. For instance,
the Court is unsure whether Plaintiff even has standing to
bring a tortious interference with contract claim at all
because it is unclear from the complaint whether she was
ever a party to any contract regarding the disputed funds.
Plaintiff goes on to request in her response that if
the Court finds her complaint insufficient—which it does—
she be given an opportunity to amend her complaint. (Id. at
5-6.) Given the confusion caused by Plaintiff's threadbare
pleading, the Court concludes that this is the best course
of action. As a result, Plaintiff shall have fourteen days
to submit an amended complaint correcting the deficiencies
identified in this order. Plaintiff is on

2

NOTICE

that

failure to do so will result in dismissal of this case. 2
Accordingly, Defendant's Motion to Dismiss (Doc. 6)
DISMISSED AS MOOT.

is

Defendant may reassert its motion if

necessary after Plaintiff has filed an amended complaint.
SO ORDERED this

*400

of July 2015.

WILLIAM T. MOORE, J
UNITED STATES DISTRI T COURT
SOUTHERN DISTRICT OF GEORGIA

2

Plaintiff should be aware that the Court will not accept
any amended pleading that incorporates by reference any
factual allegation or argument contained in an earlier
filing. The amended complaint should be a stand-alone
filing that independently contains all the factual
allegations and arguments that Plaintiff wishes the Court
to consider.
3