Clayton v. Equifax Credit Information Services, LLC

Filing 11

ORDER that within two weeks of this Order, Plaintiff shall file an Amended Complaint that complies with the requirements of Federal Rules of Civil Procedure 8(a). Plaintiff's 8 Motion for a Date for a Jury Trial is DENIED without prejudice. Signed by District Judge Robert J. Conrad, Jr on 2/16/2021. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:19-cv-529-RJC-DCK
WELLESLEY K. CLAYTON,

)
)
Plaintiff,
)
)
vs.
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)
EQUIFAX CREDIT INFORMATION
)
SERVICES, LLC,
)
)
Defendant.
)
________________________________________ )

ORDER

THIS MATTER comes before the Court on pro se Plaintiff’s Motion for a Date
for a Jury Trial. (Doc. No. 8.) On August 26, 2019, Plaintiff filed a Complaint in
state court alleging that Defendant was repeatedly spamming him with robocalls
and emails. (Doc. No. 1-1.) The case was removed to federal court and set before
Judge Mullen on October 11, 2019. (Doc. No. 1.) On November 4, 2019, Judge
Mullen issued an Order requiring Plaintiff to file an Amended Complaint that
complied with Federal Rule of Civil Procedure 8(a). (Doc. No. 4.) The case was then
reassigned to this Court on November 26, 2019.
On October 16, 2020, Plaintiff filed a Motion for a Date for a Jury Trial. (Doc.
No. 8.) Defendant replied that no trial date should be set and that the case should
be dismissed because Plaintiff had failed to comply with the November 4, 2019
Order. (Doc. No. 9.) Plaintiff replied that he had never received the Order in the
first place. (Doc. No. 10.)
This Court’s internal records do not show that Plaintiff was ever mailed a
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copy of the November 26, 2019 Order. The Court will therefore re-issue the Order
granting Defendant’s Motion for More Definite Statement under Federal Rule of
Civil Procedure 12(e), and ordering Plaintiff to file an Amended Complaint that
complies with the requirements of Federal Rule of Civil Procedure 8(a) within two
weeks of the issuance of this Order. Because Plaintiff has not yet done so,
Plaintiff’s Motion for a Date for a Jury Trial will be denied without prejudice.
IT IS, THEREFORE, ORDERED that
1. Within two weeks of this Order, Plaintiff shall file an Amended Complaint
that complies with the requirements of Federal Rule of Civil Procedure 8(a).
2. Plaintiff’s Motion for a Date for a Jury Trial, (Doc. No. 8), is DENIED without
prejudice.

SO ORDERED.

Signed: February 16, 2021

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