UNITED STATES OF AMERICA et al v. WELLS FARGO BANK NEVADA, NATIONAL ASSOCIATION et al
| JANICE WOLK GRENADIER, SECURITIES AND EXCHANGE COMMISSION, U.S. DEPARTMENT OF TREASURY, FEDERAL HOUSING FINANCE AGENCY, UNITED STATES OF AMERICA, CONSUMER FINANCIAL PROTECTION BUREAU and JOHN OR JANE DOE |
| GLENN MESSINA, NEW RESIDENTIAL INVESTMENT CORPORATION, WELLS FARGO BANK NEVADA, NATIONAL ASSOCIATION, OCWEN LOAN SERVICING LLC and CHARLES W. SCHARF |
| 1:2020cv02570 |
| September 11, 2020 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Other Statutory Actions |
| 28:1332 |
| Plaintiff |
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| Filing 2 MOTION for Removal of Chief Judge MOTION for Reconsideration re MINUTE ORDER by JANICE WOLK GRENADIER (zrdj) |
MINUTE ORDER (paperless) DISMISSING plaintiff's pro se #1 Complaint without prejudice. Federal Rule of Civil Procedure 8(a) requires a complaint to "contain... a short and plain statement of the claim showing that the pleader is entitled to relief." Rule 8(d)(1) further requires that "[e]ach allegation must be simple, concise, and direct." "Taken together," these requirements "underscore the emphasis placed on clarity and brevity by the federal pleading rules." Ciralsky v. CIA, 355 F.3d 661, 669 (D.C. Cir. 2004) (quoting In re Westinghouse Sec. Litig., 90 F.3d 696, 702 (3d Cir. 1996)). That clarity is necessary to "give the defendant[s] fair notice of what the... claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Even bearing in mind the more forgiving standards applied to pro se filings, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), plaintiff's complaint, which also names as plaintiffs the United States and various federal agencies, careens from claims under the False Claims Act to alleged violations of the Thirteenth Amendment, is unintelligible, and fails to provide adequate notice to defendants. At seventy-six single-spaced pages in length, integrating images and excerpts of external documents, plaintiff's complaint is neither short nor plain, and its allegations are not simple, concise, or direct. The Court refuses to "burden... the part[ies] who must respond to it" by forcing them to "select the relevant material from a mass of verbiage," Ciralsky, 355 F.3d at 669 (quoting Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988)), and so will dismiss this action sua sponte without prejudice, see Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir. 1995) ("When a complaint fails to comply" with Rule 8's requirements, "the district court has the power, on motion or sua sponte, to dismiss the complaint," especially in "cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised." (internal quotation marks omitted)). The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge Beryl A. Howell on September 28, 2020. (lcbah3)
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| SUMMONS Not Issued as to All Defendants (zrdj) |
| Filing 1 COMPLAINT against GLENN MESSINA, NEW RESIDENTIAL INVESTMENT CORPORATION, OCWEN LOAN SERVICING LLC, CHARLES W. SCHARF, SECURITIES AND EXCHANGE COMMISSION, WELLS FARGO BANK NEVADA, NATIONAL ASSOCIATION ( Filing fee $ 400, receipt number 4616104099) with Jury Demand filed by JANICE WOLK GRENADIER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(zrdj) |
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