Amous v. Trustmark National Bank

195 F.R.D. 607, 47 Fed. R. Serv. 3d 381, 2000 U.S. Dist. LEXIS 10813, 2000 WL 1100711
CourtDistrict Court, N.D. Mississippi
DecidedJuly 24, 2000
DocketNo. CIV.A.1:00CV170DA
StatusPublished
Cited by2 cases

This text of 195 F.R.D. 607 (Amous v. Trustmark National Bank) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amous v. Trustmark National Bank, 195 F.R.D. 607, 47 Fed. R. Serv. 3d 381, 2000 U.S. Dist. LEXIS 10813, 2000 WL 1100711 (N.D. Miss. 2000).

Opinion

OPINION

DAVIDSON District Judge.

Before the court are the motions of Defendant Trustmark National Bank to dismiss or, alternatively, for a more definite statement, and of Defendant Econ-O-Check for dismissal pursuant to Rules 12(b)(4) and 12(b)(5) of the Federal Rules of Civil Procedure. Upon due consideration, the court finds that Defendant Trustmark’s motion should be granted and Defendant Econ-O-Check’s motion should be denied.

Factual Background

On May 16, 2000, pro se Plaintiff Morris Amous filed a Complaint against Trustmark National Bank, Econ-O-Check Corporation, and Bankers Life Insurance Company. Amous’ Complaint consisted of one two-page paragraph alleging violations of the United States and Mississippi Constitutions, fraud, R.I.C.O. Act violations, and negligence.

Plaintiffs Complaint weaves a lose web of claims against the Defendants which includes allegations of fraud against Trustmark and Econ-O-Check through a purported wire and mail “scam.” To this end, the Plaintiff claims that certain monies were deducted from his bank accounts by Defendant Trust-mark for payment of premiums to Eeon-OCheck for an insurance policy which he contends was canceled.1

Analysis

A. Trustmark’s Motion to Dismiss or, Alternatively, for a More Definite Statement

Trustmark argues that the Plaintiffs Complaint lacks enough specificity for the Defendant to launch an effective response.

Rule 12(e) of the Federal Rules of Civil Procedure provides:

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within ten days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

In light of the requirements of Rule 12(e), Trustmark contends that it cannot reasonably frame a responsive pleading to Amous’ Complaint in that the Plaintiff has mixed federal and state law claims within one ambiguous paragraph thereby precluding the Defendant from legitimately denying or admitting any of the allegations.

The Defendant further points to Rules 10(b) and 8(a) of the Federal Rules of Civil Procedure as bases for dismissal of the Complaint. Rule 10(b) requires that “[a]ll averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances ...” and “[ejach claim founded upon a separate transaction or occurrence ... shall be stated in a separate count or defense .... ” Rule 8(a) simply requires that a pleading which sets for a claim for relief [609]*609contain a statement of the grounds upon which the court’s jurisdiction is based.

Trustmark contends that the Plaintiffs Complaint is fatally flawed by not including a statement of the grounds upon which jurisdiction is based and by not conforming to the requirements of Rule 10(b).

In a cause of action, the complaint is designed to be the “ignition point” for discovery, where the issues are to be defined. Murray v. Restor Tel. Prods./World Access, Inc., No. Civ. 399CV0819H, 2000 WL 45876, at *2 (N.D.Tex.Jan.19, 2000). Thus, the pleading requirement established by Rule 8(a) is a considerably low hurdle. A complaint or counter-complaint will only be deemed inadequate under Rule 8 if it fails to “1) provide notice of the circumstances which give rise to the claim, or 2) set forth sufficient information to outline the elements of the claim or permit inferences to be drawn that these elements exist.” Id. (citing General Star Indem. Co. v. Vesta Ins. Corp., 173 F.3d 946, 950 (5 th Cir.1999)). Moreover, failure to comply with Rule 8 does not mandate dismissal for lack of jurisdiction so long as the facts appropriate for invocation of federal jurisdiction are alleged in the complaint. See Continental Cas. Co. v. Canadian Universal Ins. Co., 605 F.2d 1340, 1343 (5th Cir.1979).

Although the Plaintiffs claims are not overly artful, the allegations in the Complaint provide more than a “bare bones allegation that a wrong occurred.” See Walker v. South Central Bell Tel. Co., 904 F.2d 275, 277 (5th Cir.1990). Thus, the Plaintiffs Complaint, while perhaps deficient in its failure to specify the basis for jurisdiction, is not fatally so. See Hildebrand v. Honeywell, 622 F.2d 179, 181 (5th Cir.l980)(It is well-settled that where a complaint fails to cite the statute conferring jurisdiction, the omission will not defeat jurisdiction if the facts alleged satisfy the jurisdictional requirements of the statute.). Here, the Plaintiff has alleged R.I.C.O. violations as well as infringements of his federal and state constitutional rights. While the allegations are not wholly clear, the court is of the opinion that he has proffered enough facts to confer jurisdiction.

With respect to the Plaintiffs failure to comply with Rule 10(b), the court is unpersuaded that such a deficiency should serve as a basis for dismissal of the Plaintiffs Complaint. Given that the Plaintiffs technical deficiencies may easily be remedied, the court finds that the Defendant’s argument under Rule 10(b) is without merit.

Thus, the court concludes that the Plaintiffs short-comings do not warrant dismissal and that the better approach would be to grant the Defendant’s motion for a more definite statement to allow the Plaintiff to address the above deficiencies and to comply with this court’s Standing Local Order regarding R.I.C.O. cases.2

The court directs the parties’ attention to the Standing Local Order which requires that in all cases in this court in which claims are asserted under R.I.C.O., 18 U.S.C. § 1961, a R.I.C.O. statement must accompany the filing of the complaint. The requirements as to the form and nature of the R.I.C.O. statement are thoroughly explained in the Standing Order.

The Plaintiff shall have forty-five (45) days from the date of this Order to file and serve a more definite statement upon each Defendant. Should the Plaintiff fail to comply with the court’s Order, this cause will be dismissed without prejudice for want of prosecution.

B. Econr-O-Check’s Motion to Dismiss

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Cite This Page — Counsel Stack

Bluebook (online)
195 F.R.D. 607, 47 Fed. R. Serv. 3d 381, 2000 U.S. Dist. LEXIS 10813, 2000 WL 1100711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amous-v-trustmark-national-bank-msnd-2000.