Benson v. Securitas Security Services

Filing 15

ORDER - Defendant's motion for more definite statement [DE 10] is GRANTED. Plaintiff shall file an amended complaint consistent with the above not later than April 29, 2024. Failure to comply with this deadline may result in dismissal of this case. Plaintiff's motion for appointment of counsel [DE 12] is DENIED and plaintiff's motion for extension of time [DE 13] is DENIED WITHOUT PREJUDICE. Signed by District Judge Terrence W. Boyle on 3/25/2024. Copy sent to Antinette Benson at 1105 Falcon Ridge Ln., Morrisville, NC 27560. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:23-CV-49-BO-BM

ANTINETTE BENSON,
Plaintiff,

)
)
)

V.

SECURITAS SECURITY SERVICES,
Defendant.

)
)
)
)

ORDER

This cause comes before the Court on defendant's motion for more definite statement
pursuant to Fed. R. Civ. P. 12(e) and plaintiffs motion for appointment of counsel and motion
for extension of time. The time for responding to the motions has expired, no responses have
been filed, and all are ripe for ruling.
Plaintiff has filed an employment discrimination action against defendant. [DE 5]. Rule
12(e) provides that a "party may move for a more definite statement of a pleading to which a
responsive pleading is allowed" if the contents of the pleading are too vague to compose an
adequate response. Fed. R. Civ. P. 12(e). The Court has reviewed the motion and plaintiffs pro

se complaint and agrees that the contents are too vague to permit defendant to compose an
adequate response. Plaintiff shall file an amended complaint which answers each of the sections
set out in the form employment discrimination complaint, including the dates of her
employment, a specific statement as to why she contends that her employment ended, the
specific individual(s) who were involved in the alleged discrimination, and a description of her
disability and whether it is associated with complications from bariatric surgery or the COVID19 vaccine. Plaintiff shall further attach to her amended complaint all documentation related to
her EEOC charge.

Plaintiffs motion for appointment of counsel is denied. In a civil case, there is no
constitutional or statutory right to appointment of counsel, and the Court will only appoint
counsel in exceptional cases. Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Plaintiff has
not established exceptional circumstances to warrant court-appointed counsel and her motion is
therefore denied.
Plaintiffs motion for extension of time is also denied. Plaintiff seeks more time on her
case against defendant. The Court cannot discern the precise relief sought by plaintiff, and thus
denies her motion without prejudice.
CONCLUSION
In sum, for the foregoing reasons, defendant's motion for more definite statement [DE
10] is GRANTED. Plaintiff shall file an amended complaint consistent with the above not later
than April 29, 2024. Failure to comply with this deadline may result in dismissal of this
case. Plaintiffs motion for appointment of counsel [DE 12] is DENIED and plaintiffs
motion for extension of time [DE 13] is DENIED WITHOUT PREJUDICE.

SO ORDERED, this �ay of March 2024.

�E/.J
r!UNITED STATES DISTRJCT

JUDGE

2