Payne v. First National Collection Bureau, Inc.
Filing
3
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff shall file an amended complaint in compliance with this order no later than June 24, 2015, or this action will be dismissed without prejudice. IT IS FURTHER ORDERED that counsel must include a copy of this order and the amended complaint along with the summons and complaint to be served on defendant. Signed by District Judge Catherine D. Perry on 06/11/2015. (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VANESSA PAYNE,
Plaintiff,
vs.
FIRST NATIONAL COLLECTION
BUREAU, INC.,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 4:15CV909 CDP
MEMORANDUM AND ORDER
This newly filed case is before me on my review. It appears the complaint
contains typographical errors and allegations that do not apply to this case. For
example, there is one female plaintiff and one defendant listed in the caption of the
complaint, yet at various times in the complaint counsel refers to plaintiff as “he” or
mentions plural “defendants.” Although there are no class action allegations made in
the body of the complaint and no class-wide relief is sought, the complaint is titled
“Class Action Complaint.” In addition, paragraph 8 of the complaint alleges that “the
Law Offices of Gamache & Myers, P.C. sent Plaintiff the letter attached as Exhibit 1.”
However, the next paragraph alleges that defendant sent the letter. There are no other
references to Gamache & Myers in the complaint.
By filing this complaint, counsel represented to this Court that, among other
things, his factual contentions have evidentiary support. See Fed. R. Civ. P. 11(b)(3).
Here, it appears that counsel may not have adequately reviewed the complaint before he
filed it, which raises the concern that counsel did not meet his ethical and Rule 11
obligations with respect to this pleading.
The Court’s electronic case filing records indicate that plaintiff’s lawyer has filed
more than 170 cases in this court in the last four years, which is an extremely high
volume. Lawyers are not allowed to ignore the rules of ethics just because they have
high-volume practices and bring the same type of case over and over again. I will
require plaintiff to file an amended complaint correcting these obvious errors. As it
appears that plaintiff has not yet achieved service on defendant, I will require that
plaintiff’s counsel serve defendant with a copy of this order and a copy of the amended
complaint when he serves defendant with the original complaint and summons.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall file an amended complaint in
compliance with this order no later than June 24, 2015, or this action will be
dismissed without prejudice.
IT IS FURTHER ORDERED that counsel must include a copy of this order and
the amended complaint along with the summons and complaint to be served on
defendant.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 11th day of June, 2015.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?