Larry Davis v. Ruby Foods, Inc., Doing Business as Dunkin' Donuts, Inc., and Baskin-Robbins, Inc.

269 F.3d 818, 50 Fed. R. Serv. 3d 1457, 2001 U.S. App. LEXIS 22487, 81 Empl. Prac. Dec. (CCH) 40,748, 87 Fair Empl. Prac. Cas. (BNA) 314, 2001 WL 1243400
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 18, 2001
Docket00-4025
StatusPublished
Cited by141 cases

This text of 269 F.3d 818 (Larry Davis v. Ruby Foods, Inc., Doing Business as Dunkin' Donuts, Inc., and Baskin-Robbins, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Larry Davis v. Ruby Foods, Inc., Doing Business as Dunkin' Donuts, Inc., and Baskin-Robbins, Inc., 269 F.3d 818, 50 Fed. R. Serv. 3d 1457, 2001 U.S. App. LEXIS 22487, 81 Empl. Prac. Dec. (CCH) 40,748, 87 Fair Empl. Prac. Cas. (BNA) 314, 2001 WL 1243400 (7th Cir. 2001).

Opinion

POSNER, Circuit Judge.

Larry Davis, unrepresented, filed a complaint in federal district court against Ms former employer, Dunkin’ Donuts, charging sex discrimination in violation of Title VII as a consequence of sexual harassment by a female supervisor. The defendant moved to dismiss the complaint for failure to comply with Rule 8 of the Federal Rules of Civil Procedure. The district judge granted the motion and dismissed the suit with the simple notation that the motion was granted and the case dismissed without prejudice to Davis’s filing a complying complaint by a specified date. When the date passed without his filing anything, the dismissal became a final, appealable judgment. Otis v. City of Chicago, 29 F.3d 1159, 1166-67 (7th Cir.1994). Davis actually filed his notice of appeal the day before the judgment became final, but that does not affect our jurisdiction, as explained in Albiero v. City of Kankakee, 122 F.3d 417, 418 (7th Cir.1997). And he can hardly be faulted for not having taken up the district judge’s invitation to file a new complaint. He has no lawyer, and the judge did not indicate what the deficiency in his complaint was or how it could be rectified and he could have gotten few hints from the defendant’s page-and-a-half motion to dismiss.

Rule 8, so far as bears on this case, requires that the complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief’ and that “each averment of [the complaint] shall be simple, concise, and direct.” Fed.R.Civ.P. 8(a)(2), (e)(1). Mr. Davis’s complaint does not satisfy these requirements (themselves, be it noted, rather repetitious — and is “averment,” an archaic word of no clear meaning, simple, concise, and direct?). The complaint is not short, concise, or plain. It is 20 pages long (though in a large typeface — at least 14-point), is highly repetitious, and includes material which, though sometimes charming (as when it states that because of “the large work load that federal judges face ..., all federal judges should have their pay by law doubled”), is irrelevant (another example is the allegation that Davis is an FBI informant). There are some downright weird touches, such as the repeated assertion that Davis and his alleged harasser are, respectively, a “naturally occurring man” and a “naturally occurring woman,” as if Davis were concerned about the standing of clones and transsexuals. (Rightly concerned — see Ulane v. Eastern Airlines, Inc., 742 F.2d 1081, 1084 (7th Cir.1984); Sommers v. Budget Marketing, Inc., 667 F.2d 748, 750 (8th Cir.1982) (per curiam); Holloway v. Arthur Andersen & Co., 566 F.2d 659, 661 (9th Cir.1977).) It *820 nevertheless performs the essential function of a complaint under the civil rules, which is to put the defendant on notice of the plaintiffs claim. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993); Bennett v. Schmidt, 153 F.3d 516, 518-19 (7th Cir.1998); Ostrzenski v. Seigel, 177 F.3d 245, 251 (4th Cir.1999). Indeed, because of its prolixity, it gives the defendant much more information about the plaintiffs conception of his case than the civil rules require (see the very' brief model complaints in the Forms Appendix to the rules). And it appears to state a claim that would withstand challenge under Fed.R.Civ.P. 12(b)(6).

The question we must decide, therefore — surprisingly one of first impression in this circuit — is whether a district court is authorized to dismiss a complaint merely because it contains repetitious and irrelevant matter, a disposable husk around a core of proper pleading. As our use of the word “disposable” implies, we think not, and therefore that it is an abuse of discretion (the normal standard applied to decisions relating to the management of litigation, and the one by which dismissals for violation of Rule 8 are reviewed, Kittay v. Kornstein, 230 F.3d 531, 541 (2d Cir.2000); In re Westinghouse Securities Litigation, 90 F.3d 696, 702 (3d Cir.1996); Kuehl v. FDIC, 8 F.3d 905, 908 (1st Cir.1993); Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir.1988)) to dismiss a complaint merely because of the presence of superfluous matter. That would cast district judges in the role of editors, screening complaints for brevity and focus; they have better things to do with their time. In our many years of judging, moreover, we cannot recall many complaints that actually met the standard of chaste, Doric simplicity implied by Rule 8 and the model complaints in the Forms Appendix. Many lawyers strongly believe that a complaint should be comprehensive rather than brief and therefore cryptic. They think the more comprehensive pleading assists the judge in understanding the case and provides a firmer basis for settlement negotiations. This judgment by the bar has been accepted to the extent that complaints signed by a lawyer are never dismissed simply because they are not short, concise, and plain.

“Signed by a lawyer ...” But of course Mr. Davis is not a lawyer, and so his complaint violates those commands with a baroque exuberance that sets it apart from lawyers’ drafting excesses. But the complaint contains everything that Rule 8 requires it to contain, and we cannot see what harm is done anyone by the fact that it contains more. Although the defendant would have been entitled to an order striking the irrelevant material from the complaint, Fed.R.Civ.P. 12(f), we doubt that it would have sought such an order, unless for purposes of harassment, because the extraneous allegations, for example that Davis is an FBI informant, cannot harm the defense. They are entirely ignorable.

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269 F.3d 818, 50 Fed. R. Serv. 3d 1457, 2001 U.S. App. LEXIS 22487, 81 Empl. Prac. Dec. (CCH) 40,748, 87 Fair Empl. Prac. Cas. (BNA) 314, 2001 WL 1243400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-davis-v-ruby-foods-inc-doing-business-as-dunkin-donuts-inc-ca7-2001.