Williams et al v. Bank of America

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than May 15, 2014, Plaintiffs shall notify the Court whether they consent to the filing of these pleadings as a new cause of action. IT IS FURTHER ORDERED that the Clerk shall mail to Plaint iffs a copy of the Courts Civil Complaint form. IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiffs a copy of the Courts Motion to Proceed In Forma Pauperis B Non Prisoner along with a CJA 23 financial affidavit form. IT IS FURTHER ORDERED that if Plaintiffs choose to proceed with this action, they must file an amended complaint on the Court-provided form no later than May 15, 2014. The amended complaint must comply with the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED tha t Plaintiffs shall either pay the $400 filing fee or submit separate motions to proceed in forma pauperis no later than May 15, 2014. IT IS FURTHER ORDERED that if Plaintiffs fail to comply with this Order, the Court may dismiss this action without further notice. Signed by District Judge Audrey G. Fleissig on 4/16/2014. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EARL WILLIAMS and CAROL
WILLIAMS,
Plaintiffs,
v.
BANK OF AMERICA,
Defendant,

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No. 4:14CV740 AGF

MEMORANDUM AND ORDER
This matter is before the Court on review of this newly-filed action. Plaintiffs
were previously engaged in litigation against Bank of America in this Court.

See

Williams v. Bank of America, 4:12CV392 HEA (E.D. Mo.). Plaintiffs and defendants
reached a settlement agreement, and Plaintiffs voluntarily dismissed the case pursuant to
the agreement. After dismissal was entered, Plaintiffs moved to reopen the case on the
basis that their understanding of the settlement agreement was different than it had been
set forth in the Memorandum of Understanding. The Court held a hearing on the motion,
and after the parties were heard it denied Plaintiff’s motion to reopen the case. Plaintiffs
filed the instant documents on April 9, 2014, and upon reviewing the documents United
States District Judge Henry E. Autrey directed the Clerk to file them as a new civil
action. Therefore, the only method by which Plaintiffs can proceed with their allegations
is to pursue the instant cause of action. If Plaintiffs do not consent to the filing of the
instant pleadings as a new cause of action, the Court will dismiss these proceedings.

As a new civil action, the pleadings are defective for several reasons. First, there
is no short and plain statement of the Court’s jurisdiction, see Fed. R. Civ. P. 8(a)(1), no
short and plain statement of the claim for relief, see Fed. R. Civ. P. 8(a)(2), and no
demand for the relief sought, see Fed. R. Civ. P. 8(a)(3). Furthermore, the claims are not
set forth in separately numbered paragraphs, each limited to a separate set of
circumstances. See Fed. R. Civ. P. 10(b).
Finally, the pleading has not been drafted on a Court provided form, see Local
Rule 2.06(A), and Plaintiffs have neither paid the filing fee nor submitted separate
motions for leave to proceed in forma pauperis.
If Plaintiffs choose to proceed with this new civil action, they must cure the
defects listed above no later than May 15, 2014. The Court will direct the Clerk to send
Plaintiffs each of the relevant forms.
Accordingly,
IT IS HEREBY ORDERED that, no later than May 15, 2014, Plaintiffs shall
notify the Court whether they consent to the filing of these pleadings as a new cause of
action.
IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiffs a copy of the
Court’s Civil Complaint form.
IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiffs a copy of the
Court’s Motion to Proceed In Forma Pauperis B Non Prisoner along with a CJA 23
financial affidavit form.

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IT IS FURTHER ORDERED that if Plaintiffs choose to proceed with this
action, they must file an amended complaint on the Court-provided form no later than
May 15, 2014. The amended complaint must comply with the Federal Rules of Civil
Procedure.
IT IS FURTHER ORDERED that Plaintiffs shall either pay the $400 filing fee
or submit separate motions to proceed in forma pauperis no later than May 15, 2014.
IT IS FURTHER ORDERED that if Plaintiffs fail to comply with this Order, the
Court may dismiss this action without further notice.
Dated this 16th day of April, 2014.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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