Wagenknecht v. Kendall
| Chad William Wagenknecht |
| Frank Kendall, III |
| 2:2023cv04047 |
| March 10, 2023 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Contract: Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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Filing 5
Order by Judge Nanette K. Laughrey: the deadline to file a proposed scheduling order has expired. On or before May 11, 2023, the Parties shall file a joint proposed scheduling order. Failure to do so may result in this case being dismissed for failure to prosecute. Signed on 04/21/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. A copy of this order has been mailed to pro se plaintiff Chad William Wagenknechtat PO Box 63, Smithton, MO 65350.(Lock, Tania)
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Filing 4
Order by Judge Nanette K. Laughrey. Defendant Frank Kendall III, Secretary of the Airforce, moves the Court to order pro se Plaintiff to provide a more definite statement of his claim pursuant to Federal Rule of Civil Procedure 12(e), or, in the alternative, to dismiss Plaintiff's claim for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff has not responded. A plaintiff's complaint need only contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). And a pro se plaintiff's complaint will be liberally construed. Atkinson v. Bohn , 91 F.3d 1127, 1129 (1996). However, "[e]ven the liberal standards of notice pleading require some factual allegations that state a cause of action and put a party on notice of the claim against it." Mattes v. ABC Plastics, Inc. , 323 F.3d 695, 699 (8th Cir.2002). A party can move for a more definite statement when a complaint "is so vague or ambiguous that the party cannot reasonably prepare a response" or when pleadings are unintelligible. Fed. R. Civ. P. 12(e); Brown v. Dept. of Veterans Affairs , 2015 WL 6149232 at *2 (W.D. Mo. Oct. 19, 2015). The Court has discretion to determine whether to grant a Rule 12(e) motion. See Burgie v. Hannah , 407 Fed. Appx. 84, 85 (8th Cir. 2011). Even construed liberally, Plaintiff's one page, handwritten Complaint is too vague; it is impossible for the Defendant to discern what Plaintiff seeks, let alone to formulate a response. The Complaint appears to seek an Order either terminating Plaintiff's "service contract," compelling the production of such a contract for Plaintiff's own review, or directing the armed forces to discharge or retire Plaintiff from service. The Complaint does not provide any information establishing Plaintiff's current status with the military, the date any contract was signed, what was done to breach the contract (and generally by whom), or even the branch of the armed forces with which Plaintiff signed a contract. Within 21 days, Plaintiff shall file an amended complaint stating, at minimum, (1) the branch of the military with which Plaintiff signed a contract; (2) the approximate date on which Plaintiff signed contract; (3) the terms of the contract, or at minimum a general explanation of what each party agreed to do; (4) exactly what was done to breach any contract or otherwise justify relief, and by whom; (4) exactly what Plaintiff asks the Court to do. Failure to file an amended complaint may result in the dismissal of this case. Signed on 4/20/2023 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Gassen, Austin) Modified on 4/21/2023 to reflect NEF mailed to Chad William Wagenknech, PO Box 63, Smithton, MO 65350 (Warren, Melissa).
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Filing 3
Proposed scheduling order due by 4/3/2023. Signed on 03/13/2023 by District Judge Nanette K. Laughrey. A copy of the order was mailed to Chad William Wagenknecht at PO Box 63, Smithton, MO 65350. (Lock, Tania)
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| Filing 2 MOTION for more definite statement or, in the alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (With Supporting Suggestions Incorporated) filed by Jeffrey P. Ray on behalf of Frank Kendall, III. Suggestions in opposition/response due by 3/24/2023 unless otherwise directed by the court. (Ray, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Pettis County, case number 23PT-CC00027, filed by Jeffrey P. Ray. Filing fee waived. (Attachments: #1 Exhibit A [State Court Petition], #2 Civil Cover Sheet)(Ray, Jeffrey) |
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| Plaintiff: Chad William Wagenknecht | |
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| Defendant: Frank Kendall, III | |
| Represented By: | Jeffrey P. Ray |
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