Kimber v. Harker

Full title: BART D. KIMBER, from EEOC and OFO Appeal No. 2019005521 Plaintiff, v…

Court: United States District Court, Southern District of California

Date published: Nov 23, 2021

21-cv-1487-BTM-WVG (S.D. Cal. Nov. 23, 2021)

Opinion

21-cv-1487-BTM-WVG

11-23-2021

BART D. KIMBER, from EEOC and OFO Appeal No. 2019005521 Plaintiff, v. THOMAS W. HARKER, Acting Secretary, Department of the Navy, Agency Defendant.

Barry Ted Moskewitz United States District Judge

ORDER FOR PLAINTIFF TO FILE A MORE DEFINITE STATEMENT

Barry Ted Moskewitz United States District Judge

Under Federal Rules of Civil Procedure Rule 8:

A pleading that states a claim for relief must contain:

(1) 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;

(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

Fed. R. Civ. P. 8.

Plaintiff has filed a complaint against Defendant Thomas W. Harker, Acting Secretary for the Department of the Navy. (ECF No. 1.) However, Plaintiff's complaint is largely unintelligible and it is unclear what actions by Defendant Plaintiff is challenging.

Therefore, the Court will sua sponte order Plaintiff to file a more definite statement. See Fed. R. Civ. P. 12 (a more definite statement of a pleading to which a responsive pleading is allowed may be required where the pleading “is so vague or ambiguous that the party cannot reasonably prepare a response”). Plaintiffs more definite statement should be in the form of an amended complaint. Pursuant to Local Civil Rule 5.1(k), the amended complaint “must be made in numbered paragraphs, each of which must be limited, as far as is practicable, to a statement of a single set of circumstances.”

Plaintiffs amended complaint should specify who each defendant is, and what actions by each defendant that Plaintiff is challenging. For example, in the caption of Plaintiffs complaint, he references “EEOC and OFO Appeal No. 2019005521.” (ECF No. 1.) Plaintiff should clarify whether he is challenging the EEOC's decision on his appeal. Plaintiffs amended complaint should be filed within 30 days of entry of this order.

IT IS SO ORDERED.