Bagby v. Xto Energy Inc.

District of Columbia

Bagby v. Xto Energy Inc.

CourtDistrict Court, District of Columbia

DecidedDecember 14, 2012

DocketCivil Action No. 2012-2002

StatusPublished

This text of Bagby v. Xto Energy Inc. (Bagby v. Xto Energy Inc.) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bagby v. Xto Energy Inc., (D.D.C. 2012).

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FILED usc 142012

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CEDRIC WAYNE BAGBY, ) Plaintiff, § v, § Civil Action No. FORMER PRESIDENT OF § XTO ENERGY, ) Defendant. § MEMORANDUM OPINION

This matter is before the Court on consideration of the plaintiffs application to proceed in forma pauperis and pro se complaint. The application will be granted, and the complaint will be dismissed.

Rule S(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short and plain statement of the grounds upon which the court’s jurisdiction depends, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief the pleader seeks. Fed. R. Civ. P. S(a). The purpose of the minimum standard of Rule 8 is to give fair notice to the defendant of the claim being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to determine whether the doctrine of res judicata applies. Brown v. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). Here, the complaint pertains to the acquisition of XTO Energy by EXxonMobil, and reflects the

plaintiff s musings on the oil and gas industry. As drafted, the plaintiff s complaint fails to

comply with Rule S(a). According, the complaint will be dismissed without prejudice An Order

consistent with this Memorandum Opinion is issued separately.

DATE:

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C~>

FILED usc 142012

Cierk, u.s. assur 1a s1 k C0urts !o.r the Disfrict oi‘“(])or|iixir)rilii'a

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CEDRIC WAYNE BAGBY, ) Plaintiff, § v, § Civil Action No. FORMER PRESIDENT OF § XTO ENERGY, ) Defendant. § MEMORANDUM OPINION

This matter is before the Court on consideration of the plaintiffs application to proceed in forma pauperis and pro se complaint. The application will be granted, and the complaint will be dismissed.

Rule S(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short and plain statement of the grounds upon which the court’s jurisdiction depends, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief the pleader seeks. Fed. R. Civ. P. S(a). The purpose of the minimum standard of Rule 8 is to give fair notice to the defendant of the claim being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to determine whether the doctrine of res judicata applies. Brown v. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). Here, the complaint pertains to the acquisition of XTO Energy by EXxonMobil, and reflects the

plaintiff s musings on the oil and gas industry. As drafted, the plaintiff s complaint fails to

comply with Rule S(a). According, the complaint will be dismissed without prejudice An Order

consistent with this Memorandum Opinion is issued separately.

DATE:

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