Watts v. US Bank et al
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Motion to Strike and to Dismiss, [Doc. No. 35], is GRANTED.IT IS FURTHER ORDERED that the Memorandum for Clerk filed by Plaintiff on December 6, 2016 is STRICKEN.IT IS FURTHER ORDERED that this matter is dismissed for failure to comply with the Courts November 22, 2016 Opinion, Memorandum and Order. 35 33 Signed by District Judge Henry Edward Autrey on 6/27/17. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
U.S BANK, et al.
) Case No. 4:16CV46 HEA
OPINION,MEMORANDUM AND ORDER
This matter is before the Court on Defendant U.S. Banks Motion to Strike
and to Dismiss, [Doc. No. 35]. Plaintiff has failed to respond to the Motion. For
the reasons set forth below, Defendant’s Motion will be granted.
On November 22, 2016, the Court dismissed the individual defendants
originally named in Plaintiff’s Complaint and ordered Plaintiff to file an Amended
Complaint within 14 days of November 22, 2016. On December 6, 2016, Plaintiff
filed a “Memorandum for Clerk” which stated:
Violation of 42 U.S.C. 1981 to include docket 6, 9, 10, 11, 12, 13, 14, 15, 16
input cases on docket 19, re 19, 29 and apply to cases to my case
Fed.R.Civ.P P. 15(a)(2) 1981 to include U.S. Bank, Andre Walton,
LaVeshia Butler, Robbie Hawkins, CEO, CFO, Cynthia Johnson, Ricky Suarez,
Martell Whitehorn, Ashlee Wright, Tames Flack, and input U.S. Bank address
4000 W. Broadway, Robbinsdale, MN, 55422 in suit.
Federal Rule of Civil Procedure 8(a)(2) requires “a short and plain statement
of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 12(b)(6)
provides for a motion to dismiss based on the “failure to state a claim upon which
relief can be granted.” To survive a motion to dismiss a complaint must show
“‘that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of
what the ... claim is and the grounds upon which it rests.’” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)). See also Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007). “Threadbare
recitals of the elements of a cause of action, supported by mere conclusory
statements, do not suffice” to defeat a motion to dismiss. Ashcroft v. Iqbal, 129
S.Ct. 1937, 1949 (2009) (citing Twombly, 550 U.S. at 555). “[O]nly a complaint
that states a plausible claim for relief survives a motion to dismiss.” Id. at 1950
(citing Twombly, 550 U.S. at 556). The pleading standard of Rule 8 “does not
require ‘detailed factual allegations,’ but it demands more than an unadorned, thedefendant-unlawfully-harmed-me accusation.” Id. at 1949 (quoting Twombly, 550
U.S. at 555). See also Hamilton v. Palm, 621 F.3d 816, 818 (8th Cir.2010) (“[A]n
allegation in any negligence claim that the defendant acted as plaintiff's ‘employer’
satisfies Rule 8(a)(2)'s notice pleading requirement for this element.”).
Further, with regard to a Rule 12(b)(6) motion, the Supreme Court holds:
While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not
need detailed factual allegations, [citations omitted] a plaintiff's obligation to
provide the “grounds” of his “entitle[ment] to relief” requires more than
labels and conclusions, and a formulaic recitation of the elements of a cause
of action will not do, see Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct.
2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts “are not bound
to accept as true a legal conclusion couched as a factual allegation”). Factual
allegations must be enough to raise a right to relief above the speculative
level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216,
pp. 235–236 (3d ed.2004) ... see, e.g., ... Neitzke v. Williams, 490 U.S. 319,
327, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (“Rule 12(b)(6) does not
countenance ... dismissals based on a judge's disbelief of a complaint's
factual allegations”); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683,
40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it
appears “that a recovery is very remote and unlikely”).
Twombly, 550 U.S. at 555–56. See also Gregory v. Dillard's, Inc., 565 F.3d 464,
473 (8th Cir.2009) (en banc) (“[A] plaintiff ‘must assert facts that affirmatively
and plausibly suggest that the pleader has the right he claims ..., rather than facts
that are merely consistent with such a right.’ ”) (quoting Stalley v. Catholic Health
Initiative, 509 F.3d 517, 521 (8th Cir.2007)).
Plaintiff’s “Memorandum for Clerk” contains none of the necessary
elements of an Amended Complaint. It clearly fails to notify Defendant U.S. Bank
what the allegations against it are. Defendant cannot begin to address Plaintiff’s
claims through this “Memorandum”
Moreover, the Court has dismissed the individual defendants, and it appears
Plaintiff is attempting to bring these individuals back into this litigation.
Plaintiff has ignored the Court’s guidance and detailed discussion of what is
required. She has failed to comply with the Court’s November 22 2016, Order.
IT IS HEREBY ORDERED that the Motion to Strike and to Dismiss,
[Doc. No. 35], is GRANTED.
IT IS FURTHER ORDERED that the “Memorandum for Clerk” filed by
Plaintiff on December 6, 2016 is STRICKEN..
IT IS FURTHER ORDERED that this matter is dismissed for failure to
comply with the Court’s November 22, 2016 Opinion, Memorandum and Order.
Dated this 27th day of June, 2017.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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