Siegler v. City of Columbus et al

Filing 24

ORDER denying 17 Motion to Compel. Signed by Magistrate Judge Norah McCann King on 4/29/13. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

SARA ELIZABETH SIEGLER,
Plaintiff,
Case No. 2:12-cv-472
Judge Marbley
Magistrate Judge King

v.
CITY OF COLUMBUS, et al.,
Defendants.

ORDER
This matter is before the Court on the Motion of Defendant
Columbus Metropolitan Housing Authority for an Order Compelling
Plaintiff Sara Elizabeth Siegler to File an Amended Complaint that
Complies with Federal Civil Procedure Rule 10(b) (“Defendant’s
Motion”), Doc. No. 17.

Defendant argues that plaintiff “failed to

number her claims [in the complaint] . . . [and] failed to limit her
paragraphs to a single set of circumstances, all making it not
practicable for Defendant to set forth all available defenses and
causing Defendant to set forth general denials to the allegations in
the Complaint.”

Id. at p. 2.

Plaintiff, who is proceeding without

the assistance of counsel, opposes defendant’s motion.
Contra Document 17, Doc. No. 19.

Memorandum

Defendant has not filed a reply.

Rule 10(b) of the Federal Rules of Civil Procedure requires that
all claims be set forth in “numbered paragraphs, each limited as far
as practicable to a single set of circumstances.”
10(b).

Fed. R. Civ. P.

Plaintiff’s Complaint, Doc. No. 1-3, does not strictly comply

with Rule 10(b) because the paragraphs are not numbered and they are

not limited “to a single set of circumstances.”

Nevertheless, pro se

complaints are to be held to “less stringent standards than formal
pleadings drafted by lawyers.”
(1972).

Haines v. Kerner, 404 U.S. 519, 596

See also Williams v. Curtin, 631 F.3d 380, 383 (6th Cir.

2011) (quoting Martin v. Overton, 391 F.3d 710, 712 (6th Cir. 2004)).
Plaintiff’s Complaint specifically identifies each defendant
against whom relief is sought and expressly sets forth five claims for
relief.

See Complaint, pp. 39-42.

The Court is satisfied that the

Complaint is sufficiently specific so as to give the Columbus
Metropolitan Housing Authority, the only defendant remaining in the
action, notice of the claims against it.

Under the circumstances,

the Court will not require plaintiff to file an amended complaint.
Defendant’s Motion, Doc. No. 17, is therefore DENIED.

April 29, 2013

s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge