Emrit v. American Society of Composers, Authors & Publishers et al

Filing 40

MEMORANDUM AND ORDER adopting 35 Report and Recommendations re 15 Motion to Dismiss, 17 Motion to Dismiss: The 1 Complaint and the 38 First Amended Complaint are DISMISSED WITHOUT PREJUDUCE with leave to file a second Amended Complaint that complies with Fed. R. Civ. P. 8 (a) and 10(b), within twenty-one (21) days. So Ordered by Chief Judge Mary M. Lisi on 6/4/2013. (A copy of the instant order was forwarded to Plaintiff via first-class mail on 6/4/2013.) (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

RONALD SATISH EMRIT
v.

CA 13-179 ML

AMERICAN SOCIETY OF
COMPOSERS, AUTHORS AND
PUBLISHERS, et al.
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Objection to a Report and Recommendation
issued by Magistrate Judge Almond on May 28, 2013. The Court has reviewed the Report and
Recommendation, Plaintiff’s Objection thereto, and Plaintiff’s “First Amended Complaint”
(Docket #38), apparently filed by Plaintiff in anticipation of this Court’s adoption of Magistrate
Judge Almond’s recommendation that Plaintiff’s original Complaint be dismissed without
prejudice and with leave to file an Amended Complaint.
The Court adopts the Report and Recommendation in its entirety. Plaintiff’s original
Complaint is DISMISSED without prejudice.
The Court has reviewed Plaintiff’s proffered “First Amended Complaint.” It consists of
twenty-one pages of factual allegations mixed together with argument responding to Magistrate
Judge Almond’s observations of the deficiencies of Plaintiff’s original Complaint and arguments
of Defendants as set forth in their Motions to Dismiss. Notably, Plaintiff has failed to comply
with Fed. R. Civ. P. 8(a)(1) and 10(b). Because Plaintiff is proceeding pro se, this Court will
grant him another opportunity to file an Amended Complaint that complies with Fed. R. Civ. P.
8(a) which provides:
(a)

Claim for Relief. A pleading that states a claim for relief
must contain:

(1)

(2)
(3)

a short and plain statement of the grounds for the
court’s jurisdiction, unless the court already has
jurisdiction and the claim needs no new jurisdictional
support;
a short and plain statement of the claim showing
that the pleader is entitled to relief; and
a demand for the relief sought, which may include
relief in the alternative or different types of relief[,]
(Emphasis added)

and Fed. R. Civ. P. 10(b) which provides:
(b)

Paragraphs; Separate Statements. A party must state its
Claims or defenses in numbered paragraphs, each limited
as far as practicable to a single set of circumstances. A
later pleading may refer by number to a paragraph in an
earlier pleading. If doing so would promote clarity, each
claim founded on a separate transaction or occurrence–
and each defense other than a denial–must be stated in
a separate count or defense. (Emphasis added)
Plaintiff’s “First Amended Complaint” is DISMISSED for failure to comply with

the Federal Rules of Civil Procedure. Plaintiff shall have an additional 21 days to file his
Amended Complaint.

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
June 4, 2013