Loper v. Cuyahoga County Children and Family Services, No. 1:2018cv01888 - Document 7 (N.D. Ohio 2018)
Court Description: Opinion & Order signed by Judge James S. Gwin on 10/15/18 granting defendant's motion for a more definite statement. Plaintiff shall file an amended complaint addressing the defects identified in the motion within 14 days from the date o f this order. Failure to comply may result in dismissal without further notice. If plaintiff files an amended complaint, defendant shall either file an answer, or a motion to dismiss and supporting brief, within 14 days from the date the amended complaint is filed. (Related Doc. 6 ) (D,MA)
Download PDF
<![CDATA[
Loper v. Cuyahoga County Children and Family Services UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: LATASHA LOPER, : : Plaintiff, : : vs. : : CUYAHOGA COUNTY CHILDREN : AND FAMILY SERVICES, : : Defendant. : : ------------------------------------------------------- Doc. 7 CASE NO. 1:18CV01888 ORDER [Resolving Doc. #6] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Before the Court is the motion of Defendant Cuyahoga County Children and Family Services for a more definite statement pursuant to Fed. R. Civ. P. 12(e).1 Pro se Plaintiff Latasha Loper’s complaint, brought pursuant to 42 U.S.C. § 1983, alleges discrimination, retaliation, intimidation, conspiracy, violation of the Fourth and Fourteenth Amendment, and lack of jurisdiction with respect to custody of Plaintiff’s son.2 Plaintiff asks the Court to investigate Defendant for misconduct, reprimand and remove Defendant staff, and award punitive damages in the amount of ten million dollars. Defendant’s motion states that Plaintiff’s complaint does not: (1) contain numbered paragraphs, (2) specify which of her factual allegations apply to which specific claim, (3) allege a coherent legal theory, or (4) provide Defendant with notice of the claims against it so that it may file a responsive pleading.3 1 Doc. 6. Doc. 1-1. 3 The otio also states that Plai tiff’s o plai t fails to state a lai upo hi h relief a e gra ted. It is u lear hether this state e t is ade as a alter ati e to Defe da t’s Rule 12(e) motion but, in any event, Defendant makes no argument in support of a Rule 12(b)(6) motion. 2 Dockets.Justia.com Case No. 1:18CV01888 Gwin, J. Fed. R. Civ. P. 12(e) provides defendants with a remedy for inadequate complaints that are “so vague and ambiguous that the [defendant] cannot reasonably prepare a response.” Pro se pleadings are held to less stringent standards that pleadings drafted by attorneys. 4 That said, Plaintiff’s complaint must still meet the minimum notice pleading requirements of Fed. R. Civ. P. 8.5 A motion for a more definite statement is appropriate where, as here, it is not possible to discern from the complaint which factual allegations support which claims for legal relief.6 Defendant’s motion is granted. Plaintiff shall file an amended complaint addressing the defects identified in the motion (attached hereto) within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal without further notice. If Plaintiff files an amended complaint, Defendant shall either file an answer, or a motion to dismiss and supporting brief, within fourteen (14) days from the date the amended complaint is filed. IT IS SO ORDERED. Dated: October 15, 2018 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 4 See Haines v. Kerner, 404 U.S. 519, 520 (1972). See Whittle v. Proctor & Gamble, No. 1:06-CV-744, 2007 WL 4224360, at *2 (S.D. Ohio Nov. 27, 2007) (citing Scheid v. Fanny Farmer Candy Shops, Inc., 859 F.2d 434, 436 (6th Cir. 1988)). 6 Bostic v. Davis, No. 15-CV-3029, 2017 WL 784814, at *2 (S.D. Ohio Mar. 1, 2017) (granting Rule 12(e) motion) (citing In re Laurel Valley Oil Co., No. 05–64330, 2012 WL 2603429, at *2 (N.D. Ohio, July 5, 2012)). 5 -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
