Miller v. Wilhelm Construction
Filing
6
MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III on 5/16/2017, re Defendant's 5 MOTION for More Definite Statement. cc: Plaintiff, pro se; Counsel (RLK)
Case 3:17-cv-00194-CRS Document 6 Filed 05/17/17 Page 1 of 5 PageID #: 25
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
EXZABEIN MILLER
PLAINTIFF
CIVIL ACTION NO. 3:17-CV-00194-CRS
v.
WILHELM CONSTRUCTION
DEFENDANT
Memorandum Opinion
I.
Introduction
This matter is before the Court on the motion of Defendant Wilhelm Construction for a
more definite statement under Federal Rule of Civil Procedure 12(e). Mot. Definite Statement 1,
ECF No. 5. Pro se Plaintiff Exzabein Miller did not respond.
II.
Miller’s Complaint
Miller’s complaint consists of a two-page, single spaced paragraph that appears to
describe the events that led up to and followed his termination from Wilhelm Construction.
Compl. 3–4, ECF No. 1-1. At the top of the complaint are the words, “Violation of civil Rights
code VII (sec 232a, b) (232.5).” Id. at 3.
The complaint states that on November 15, 2016, Miller “exercised the protection of his
and others [sic] civil rights against discrimination.” Id. at 3. It further affirms that Wilhelm
Construction “sought to discourage concerted activity among workers exercising the right to
protect themselves in regards to their rights that were recognized and protected according to the
Fair Labor standards [sic] Act of 1938.” Id. “Smoot”—a person named in the complaint who is
described alternatively as the foreman and as Miller’s immediate supervisor—allegedly
attempted to segregate Miller from his co-workers to “eliminate discussions about pay, unsafe,
unfair and undermining work conditions.” Id.
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Miller asserts in the complaint that “Supervision” sent someone named “Quincy” to a
different work site. Id. “Supervision” allegedly sent Miller to another work site. Id.
At some unspecified time, “Quincy, Big, O and co-worker which [sic] were all African
American” spoke privately to Miller about “the undermining and disenfranchising of their work
quality” and about Wilhelm Construction’s alleged attempts to prevent them from whistleblowing about “the unfair treatment” and unsafe scaffolding. Id. Miller says that he sought to
rectify the unsafe scaffolding. Id. Smoot then allegedly told Miller to leave the work site. Id.
“Big O” tried to help Miller, but he “stayed out it [sic] in fear of losing his job.” Id.
Having been terminated from the work site, Miller says he asked why he had been paid
less than the prevailing wage. Id. In response, Smoot’s superior “lied” and told Miller that
Wilhelm Construction did not pay a prevailing wage, which Miller claims violates the Davis
Bacon Act of 1931. Id. at 3–4. Miller then apparently tried to contact a payroll assistant to
determine if his “pay was right.” Id. at 4. He alleges that the payroll assistant ignored his
multiple phone calls. Id. at 4.
Also in his complaint, Miller claims that Wilhelm Construction and a union are “in
cahoots” to exercise a “closed shop for the Omni construction protect” in violation of the Taft
Hartley Act of 1947 because on November 15, 2016, “another [f]oreman of Wilhelm
[Construction] . . . tried to coerce [him] into joining the labors union [sic] and told [him] that if
[he] didn’t that he was not going to pay [him].” Id. Miller asserts that he told the other foreman
that he “was another [sic] skill set of another trade and [asked] whether he would pay welder
pay[,] but he evaded the question.” Id.
Miller also maintains that Wilhelm Construction is “only wanting to hire African
Americans to benefit their interests” and is “exploiting the minorities by using pay and
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intimidation.” Id. Miller contends that these actions caused him “crisis” in his personal life, the
loss of his electric, and ultimately his eviction from his living arrangements. Id. Miller states that
he is seeking punitive damages and restitution for “lost worktime, unaccountable pay and
forward dated pay for the loss of welfare due to the discrimination and retaliation and seek [sic]
to be litigated speedily and in affirmative action.” Id.
III.
Discussion
Wilhelm Construction now moves for a more definite statement under Rule 12(e). Mot.
Definite Statement 1, ECF No. 5. The company asserts that the Court should grant its motion for
a more definite statement because the complaint “makes references to potentially six or more
federal statutes that may, or may not, represent causes of action Plaintiff intends to pursue” and
that “[n]one of those potential causes of causes are made clear or delineated . . . other than a
specific reference to Title VII of the Civil Rights Act.” Id. Wilhelm Construction explains that
the “confusing nature of the Complaint and the potential causes of action” prevent it from
addressing all of the “potential deficiencies in the Complaint.” Id. at 2.
Rule 12(e) provides that a “party may move for a more definite statement of a pleading to
which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot
reasonably prepare a response.” Fed. R. Civ. P. 12(e). “[A] motion for more definite statement is
designed to strike at unintelligibility rather than simple want of detail…. [It] must be denied
where the subject complaint is not so vague or ambiguous as to make it unreasonable to use
pretrial devices to fill any possible gaps in detail.” Midgett v. KSP Head Chaplain, No. 5:11-CVP132-R, 2012 U.S. Dist. LEXIS 132186, at *4 (W.D. Ky. Sept. 17, 2012) (alterations in original)
(citing Fed. Ins. Co. v. Webne, 513 F. Supp. 2d 921, 924 (N.D. Ohio 2007)) (internal quotation
marks omitted). “Federal courts generally disfavor motions for more definite statements[, and i]n
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view of the notice pleading standards of Rule 8(a)(2) and the opportunity for extensive pretrial
discovery, courts rarely grant such motions.” Id. (alteration in original). As such, a “Rule 12(e)
motion based [only] on the belief that a better affirmative pleading by the opposing party will
enable [the movant] to provide a more enlightening or accurate response will be denied.” Thorpe
v. Wal-Mart Stores, Inc., No. 5:16CV1247, 2016 LEXIS 101062, at *1 (N.D. Ohio Aug. 2,
2016).
Upon consideration, the Court finds that Miller’s complaint is so ambiguous as to prevent
the filing of an answer or a motion to dismiss. In his complaint, Miller mentions Title VII of the
Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., the Fair Labor Standards Act of 1938, 29
U.S.C. § 201, et seq., the Davis-Bacon Act of 1931, 40 U.S.C. § 276a, et seq., and/or the Taft
Hartley Act of 1947, 29 U.S.C. § 141, et seq.— but fails to clarify whether he is pursuing claims
under these statutes or the factual basis in support of such claims, including the time period
during which the events giving rise to such claims occurred. The Court is also unable to
determine if Miller has standing to assert any claims or what, if any, damages Miller might be
seeking for each of his claims. Accordingly, Wilhelm Construction’s motion for a more definite
statement under Rule 12(e) will be granted.
IV.
Conclusion
The Court will grant Wilhelm Construction’s motion for a more definite statement under
Rule 12(e). The Court will order Miller to clarify (1) under which statutes he is pursuing claims,
(2) the factual basis for each claim, including the time period in which the events giving rise to
his claims occurred, (3) the facts supporting his standing to assert the claims, and (4) the
damages he seeks for each claim. The Court reminds Miller that failure to provide this
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information may be grounds for dismissal of his claims. An order will be entered in accordance
with this memorandum opinion.
May 16, 2017
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