Bach v. Mason

190 F.R.D. 567, 84 A.F.T.R.2d (RIA) 6942, 1999 U.S. Dist. LEXIS 18573, 1999 WL 1278232
CourtDistrict Court, D. Idaho
DecidedOctober 21, 1999
DocketNo. Civ98-0383EEJGPAN
StatusPublished
Cited by10 cases

This text of 190 F.R.D. 567 (Bach v. Mason) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bach v. Mason, 190 F.R.D. 567, 84 A.F.T.R.2d (RIA) 6942, 1999 U.S. Dist. LEXIS 18573, 1999 WL 1278232 (D. Idaho 1999).

Opinion

ORDER OF DISMISSAL

EDWARD J. GARCIA, District Judge.

This matter is before the court on various motions. Specifically, the following defense motions have been made: (1) the IRS defendants1 and defendant Richard Wards’ motion to dismiss; (2) the Bonneville County defendants,2 the Jefferson County defendants,3 the Madison County defendants,4 defendant David Sasser, and Hamlin & Sassers’ motion to dismiss and/or quash service; (3) defendant Jared Harris’ motion to dismiss and/or motion for summary judgment; and (4) the federal judges5 and United States Attorney Betty Richardsons’ motion to dismiss. In addition, plaintiffs have filed various motions. After carefully reviewing the complaints and the documents submitted in connection with the motions, the court has determined that the motions are appropriate for resolution without oral argument. Accordingly, the motions are ordered submitted. For the reasons set forth below, plaintiffs’ amended complaint is dismissed with prejudice.

BACKGROUND

On September 30, 1998, plaintiffs in pro per filed this action in the District of Idaho. Broadly construed, the complaint appeared to allege a grand conspiracy among various city, county, state, and federal officials, as well as private parties, to deprive plaintiffs of their constitutional rights. More specifically, the plaintiffs alleged that the IRS wrongfully seized and sold their properties in violation of the Tax Code and that law enforcement and the courts ignored their obligations to protect plaintiffs’ rights. Since the complaint named each district judge and magistrate judge in the District of Idaho as defendants, the case was reassigned to the undersigned of the Eastern District of California.

Thereafter, this court allowed six of the plaintiffs to withdraw from the action. By this time, many of the defendants had filed motions to dismiss. Nevertheless, on June 1, 1999, the court issued an order in which it sua sponte dismissed plaintiffs’ complaint, without prejudice, for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. On June 15,1999, the plaintiffs sought and were granted a thirty day extension of time in which to file their amended complaint. Plaintiffs’ amended complaint was [570]*570then filed on August 2, 1999.6 In response, the above listed motions were filed and the court now issues the following order.

DISCUSSION

A. Federal Rule of Civil Procedure 8

On June 1,1999, this court issued an order in which it sua sponte dismissed plaintiffs’ complaint, with leave to amend, for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. In that order, the court specifically listed the complaint’s major flaws and then set forth some basic pleading requirements for plaintiffs to adhere to when they drafted their amended complaint. The court cautioned plaintiffs that failure to amend so as to comply with Rule 8 could result in dismissal with prejudice. After receiving a thirty day extension, plaintiffs filed their amended complaint on August 2, 1999.

Now, the IRS defendants, defendant Richard Ward, the federal judges, and United States Attorney Betty Richardson move to dismiss the amended complaint pursuant to Rule 8. A complaint which fails to comply with Rule 8 may be dismissed with prejudice pursuant to Rule 41(b). See Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir.1981). Rule 41(b) provides in part that a defendant may move for dismissal of an action if a plaintiff fails to comply with the Federal Rules of Civil Procedure or an order of the court.

Although plaintiffs in the instant action have made cosmetic changes to their complaint, it still does not comply with either Rule 8 or this court’s previous order. In fact, the amended complaint is as confusing, verbose, and unintelligible as the original complaint. In addition, it still lacks the required specificity. For example, plaintiffs’ principal allegations regard the seizure of their properties. Yet plaintiffs do not make clear exactly which properties were seized, exactly which defendants seized these properties, and exactly when these seizures occurred. Conclusory allegations do not give the defendants fair notice of what the plaintiffs’ claims are and the grounds upon which they rest. See Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

Moreover, it appears that plaintiffs have all but ignored this court’s pleading suggestions. For instance, in the order this court stated that “plaintiffs must specify which defendants are liable for which claims. Some of the claims cannot be pled against all of the defendants.” Despite this admonition, plaintiffs have attempted yet again to bring most of the federal claims against all of the defendants. As discussed more fully below, this is improper. Also in the order, the court noted that “the complaint contains hardly any dates.” Plaintiffs have not corrected this flaw in the amended complaint thus making it difficult for the court to determine whether their complaint is time-barred. Lastly, despite being told to do so, plaintiffs have failed to specify which facts support which of their claims.

Before dismissing an action under Rule 41(b), however, a district court should first attempt other less drastic alternatives. See Nevijel, 651 F.2d at 674. “These less drastic alternatives [can] include allowing further amended complaints, allowing additional time, or insisting that [the party] associate experienced counsel.” Id. This court has tried less drastic alternatives in this case to no avail. First, the court allowed plaintiffs to amend their complaint after giving them explicit drafting instructions. Second, the court granted plaintiffs a thirty day extension of time in which to file their amended complaint. Lastly, the court directed the plaintiffs to read Rule 11 of the Federal Rules of Civil Procedure and noted that Rule ll’s sanction provision applies to parties in pro per. Despite this warning, plaintiffs have not indicated to the court that they wish to hire an attorney. Accordingly, the court finds that dismissal of this action under Rule 41(b) with prejudice is appropriate.

Again, the court recognizes that the plaintiffs are proceeding without legal counsel. However, “[p]ro se litigants must follow [571]*571the same rules of procedure that govern other litigants.” King v. Atiyeh,

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Cite This Page — Counsel Stack

Bluebook (online)
190 F.R.D. 567, 84 A.F.T.R.2d (RIA) 6942, 1999 U.S. Dist. LEXIS 18573, 1999 WL 1278232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bach-v-mason-idd-1999.