Rajapakse v. Shaw

Filing 8

ORDER TO AMEND: The Clerk of Court is directed to transmit a copy of this order to Plaintiff. Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 20-CV-10473 (LLS). An Amended Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and she cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. In light of the current global health crisis, parties proceeding pro se are encouraged to submit all filings by email to [e-mail]. Pro se parties who are unable to use email may submit documents by regular mail or in person at the drop box located at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300 Quarropas Street). For more information, including instructions on this new email service for pro se parties, please visit the Court's website at nysd.uscourts.gov. (Signed by Judge Louis L. Stanton on 1/5/2021) (sac)

Case 1:20-cv-10473-LLS Document 8 Filed 01/05/21 Page 1 of 9

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SAMANTHA D. RAJAPAKSE,
Plaintiff,
20-CV-10473 (LLS)

-againstSEYFARTH SHAW; ROBERT SZYBA;
CARLA LAINGAN,

ORDER TO AMEND

Defendants.
LOUIS L. STANTON, United States District Judge:
Plaintiff, appearing pro se, invokes the Court’s federal question jurisdiction, alleging that
Defendants violated her rights under the Fourteenth Amendment. By order dated December 29,
2020, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in
forma pauperis (“IFP”). For the reasons set forth below, the Court grants Plaintiff leave to file an
amended complaint within sixty days of the date of this order.
STANDARD OF REVIEW
The Court must dismiss an IFP complaint, or any portion of the complaint, that is
frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary
relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); see
Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998). The Court must also
dismiss a complaint when the Court lacks subject matter jurisdiction. See Fed. R. Civ. P.
12(h)(3).
While the law mandates dismissal on any of these grounds, the Court is obliged to
construe pro se pleadings liberally, Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret
them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470
F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in

Case 1:20-cv-10473-LLS Document 8 Filed 01/05/21 Page 2 of 9

original). But the “special solicitude” in pro se cases, id. at 475 (citation omitted), has its limits –
to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil
Procedure, which requires a complaint to make a short and plain statement showing that the
pleader is entitled to relief.
The Supreme Court has held that under Rule 8, a complaint must include enough facts to
state a claim for relief “that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544,
570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the
Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing
the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v.
Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals
of the elements of a cause of action,” which are essentially just legal conclusions. Twombly, 550
U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court
must determine whether those facts make it plausible – not merely possible – that the pleader is
entitled to relief. Id.
BACKGROUND
Plaintiff, a resident of Chattanooga, Tennessee, submitted her claims using the Court’s
general complaint form. She checks the box to invoke the Court’s federal question jurisdiction,
and in the space to indicate which of her federal constitutional or federal statutory rights have
been violated, Plaintiff writes, “Fourteenth Amendment.” (ECF No. 2, at 2.) She names as
defendants Seyfarth Shaw, a law firm with offices in New York, Chicago, and Massachusetts;
Robert Szyba, who appears to be a partner at Seyfarth; and Carla Laingan, who Plaintiff lists as
“counsel” and for whom she provides a Boston, Massachusetts address. (Id. at 4.)
Plaintiff states that her claims arise from events occurring in New York, Boston, and
Tennessee from June 2020 to December 3, 2020. (Id. at 5.) In the “facts” section of the complaint

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form, Plaintiff writes, “Please see attach complaint.” (Id.) But she does not attach a complaint
and her submission includes no other factual allegations.
As her injuries, Plaintiff lists “denial of security background check, afraid to use credit &
denial, denial of credit, [and] emotional & physical damages.” 1 (Id. at 6.) She seeks $1 million in
“physical damages.” (Id.)
DISCUSSION
A.

Rule 8 of the Federal Rules of Civil Procedure
The complaint does not comply with Rule 8’s requirement that it provide a short and

plain statement showing that Plaintiff is entitled to relief. Plaintiff’s complaint does not allege
any facts, and her submission appears to be incomplete. The Court is therefore unable to
determine whether Plaintiff has stated a claim. The Court therefore grants Plaintiff 60 days’ leave
to file an amended complaint.
B.

Venue
Under the general venue provision, a civil action may be brought in:
(1) a judicial district in which any defendant resides, if all defendants are residents
of the State in which the district is located; (2) a judicial district in which a
substantial part of the events or omissions giving rise to the claim
occurred . . . ; or (3) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in which any defendant is
subject to the court’s personal jurisdiction with respect to such action.

28 U.S.C. § 1391(b). For venue purposes, a “natural person” resides in the district where the
person is domiciled. 28 U.S.C. § 1391(c)(1). And an entity that is not a person, “whether or not
incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such
defendant is subject to the court's personal jurisdiction with respect to the civil action in
question.” § 1391(c)(2).
1

Plaintiff writes with irregular capitalization. For readability, the Court uses standard
capitalization when quoting from the complaint.
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Plaintiff alleges that she is a resident of Chattanooga, Tennessee. She describes Seyfarth
Shaw as having offices in New York, Chicago, and Massachusetts, and provides a Chicago,
Illinois address. Plaintiff provides addresses for the individual defendants in New York, New
York and Boston, Massachusetts. Though the complaint does not include specific factual
allegations, Plaintiff asserts that her claims arose in New York, Boston, and Tennessee. In any
amended complaint, Plaintiff should allege facts showing that venue is proper in this district.
LEAVE TO AMEND
Plaintiff is granted leave to amend her complaint to detail her claims and to allege facts
showing that venue is proper in this Court. In the statement of claim, Plaintiff must provide a
short and plain statement of the relevant facts supporting each claim against each defendant
named in the amended complaint. Plaintiff is also directed to provide the addresses for any
named defendants. To the greatest extent possible, Plaintiff’s amended complaint must:
a) give the names and titles of all relevant persons;
b) describe all relevant events, stating the facts that support Plaintiff’s case including
what each defendant did or failed to do;
c) give the dates and times of each relevant event or, if not known, the approximate date
and time of each relevant event;
d) give the location where each relevant event occurred;
e) describe how each defendant’s acts or omissions violated Plaintiff’s rights and
describe the injuries Plaintiff suffered; and
f) state what relief Plaintiff seeks from the Court, such as money damages, injunctive
relief, or declaratory relief.
Essentially, the body of Plaintiff’s amended complaint must tell the Court: who violated
her federally protected rights; what facts show that her federally protected rights were violated;
when such violation occurred; where such violation occurred; and why Plaintiff is entitled to
relief. Because Plaintiff’s amended complaint will completely replace, not supplement, the

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original complaint, any facts or claims that Plaintiff wishes to maintain must be included in the
amended complaint.
CONCLUSION
The Clerk of Court is directed to transmit a copy of this order to Plaintiff. 2 Plaintiff is
granted leave to file an amended complaint that complies with the standards set forth above.
Plaintiff must submit the amended complaint to this Court’s Pro Se Intake Unit within sixty days
of the date of this order, caption the document as an “Amended Complaint,” and label the
document with docket number 20-CV-10473 (LLS). An Amended Complaint form is attached to
this order. No summons will issue at this time. If Plaintiff fails to comply within the time
allowed, and she cannot show good cause to excuse such failure, the complaint will be dismissed
for failure to state a claim upon which relief may be granted.
In light of the current global health crisis, parties proceeding pro se are encouraged to
submit all filings by email to [e-mail]. Pro se parties who
are unable to use email may submit documents by regular mail or in person at the drop box
located at the U.S. Courthouses in Manhattan (500 Pearl Street) and White Plains (300
Quarropas Street). For more information, including instructions on this new email service for pro
se parties, please visit the Court’s website at nysd.uscourts.gov.
SO ORDERED.
Dated:

January 5, 2021
New York, New York
LOUIS L. STANTON
U.S.D.J.

2

Plaintiff has consented to electronic service of Court filings. (ECF No. 3.)
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Case 1:20-cv-10473-LLS Document 8 Filed 01/05/21 Page 6 of 9

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____ Civ. ________ ( ____ )
(In the space above enter the full name(s) of the plaintiff(s). )

AMENDED
COMPLAINT

-against-

Jury Trial:

Q

Yes

Q

No

(check one)

(In the space above enter the full name(s) of the defendant(s). If you
cannot fit the names of all of the defendants in the space provided,
please write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The names
listed in the above caption must be identical to those contained in
Part I. Addresses should not be included here. )

I.

Parties in this complaint:

A.

List your name, address and telephone number. If you are presently in custody, include your
identification number and the name and address of your current place of confinement. Do the same
for any additional plaintiffs named. Attach additional sheets of paper as necessary.

Plaintiff

Name ___________________________________________________________________
Street Address ____________________________________________________________
County, City ______________________________________________________________
State & Zip Code __________________________________________________________
Telephone Number ________________________________________________________

B.

List all defendants. You should state the full name of the defendant, even if that defendant is a
government agency, an organization, a corporation, or an individual. Include the address where
each defendant may be served. M ake sure that the defendant(s) listed below are identical to those
contained in the above caption. Attach additional sheets of paper as necessary.

Rev. 12/2009

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Defendant No. 1

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 2

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 3

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

Defendant No. 4

Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________

II.

Basis for Jurisdiction:

Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court:
cases involving a federal question and cases involving diversity of citizenship of the parties. U nder 28
U. S. C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal
question case. Under 28 U. S. C. § 1332, a case in which a citizen of one state sues a citizen of another
state and the amount in damages is more than $75, 000 is a diversity of citizenship case.
A.

What is the basis for federal court jurisdiction? (check all that apply)

Q
B.

Federal Questions

Q Diversity of Citizenship

If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right
is at issue? _____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

C.

If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party?
Plaintiff(s) state(s) of citizenship ____________________________________________________
Defendant(s) state(s) of citizenship ____________________________________________________
______________________________________________________________________________

Rev. 12/2009

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III.

Statement of Claim:

State as briefly as possible the facts of your case. Describe how each of the defendants named in the
caption of this complaint is involved in this action, along with the dates and locations of all relevant events.
You may wish to include further details such as the names of other persons involved in the events giving
rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims,
number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary.
A.

Where did the events giving rise to your claim(s) occur? _______________________________

______________________________________________________________________________________
B.

What date and approximate time did the events giving rise to your claim(s) occur? ___________

_____________________________________________________________________________________
______________________________________________________________________________________
C.

Facts: _________________________________________________________________________

______________________________________________________________________________________
W hat
h ap p en ed
to you ?

______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________

W ho did
w hat?

______________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________________________
____________________________________________________________________________________

W as an yon e
else
in volved ?

____________________________________________________________________________________
____________________________________________________________________________________
_____________________________________________________________________________________

W ho else
saw w hat
h ap p en ed ?

_____________________________________________________________________________________
_____________________________________________________________________________________
____________________________________________________________________________________

IV.

Injuries:

If you sustained injuries related to the events alleged above, describe them and state what medical
treatment, if any, you required and received. ________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
__________________________________________________________________________________

Rev. 12/2009

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V.

Relief:

State what you want the Court to do for you and the amount of monetary compensation, if any, you are
seeking, and the basis for such compensation.

I declare under penalty of perjury that the foregoing is true and correct.
Signed this

day of

, 20

.

Signature of Plaintiff

_____________________________________

M ailing Address

_____________________________________
_____________________________________
_____________________________________

Telephone Number

_____________________________________

Fax Number (if you have one) _______________________________
Note:

All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners
must also provide their inmate numbers, present place of confinement, and address.

For Prisoners:
I declare under penalty of perjury that on this _____ day of _________________, 20__, I am delivering
this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for
the Southern District of New York.
Signature of Plaintiff:
Inmate Number

Rev. 12/2009

_____________________________________
_____________________________________

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