Staci Carney v. West Coast Self Storage Group; James McNamee; Steve Tangrey; Mike Spaulding; and John Eisenbarth

Summary

The United States District Court for the District of Oregon dismissed Staci Carney’s amended complaint because it was not a short and plain statement and failed to comply with Federal Rule of Civil Procedure 8 and Local Rule 10-1 formatting requirements. The court granted leave to file a second amended complaint subject to page, spacing, margin, pagination, and signature requirements. The court further advised that any second amended complaint was limited to curing the claims in the initial complaint against West Coast Self Storage Group unless additional leave or consent was obtained.

Holdings

1. The amended complaint was subject to dismissal because it was not a short and plain statement and failed applicable formatting requirements, including paragraph numbering, pagination, spacing, and margins.
2. Rule 12(e) was less applicable than Rule 8 because the amended complaint was intelligible, even though it failed to provide a short, plain, and properly formatted statement.
3. Because the prior order granted leave only to cure specified deficiencies, Plaintiff could not add new claims or defendants without the opposing party's written consent or the court's leave under Rule 15(a)(2).

Questions Presented

1. Whether the amended complaint violated Federal Rule of Civil Procedure 8 and the District of Oregon's formatting requirements.
2. Whether the court should grant a more definite statement under Rule 12(e) or strike the amended complaint under Rule 12(f).
3. Whether Plaintiff's prior limited leave to amend permitted her to add new claims and defendants without written consent or further court leave.

Disposition

dismissed