Baldwin v. Fifth Third Bank, N.A. et al.

Summary

The court grants plaintiff leave to file an amended complaint and denies several motions concerning electronic filing, adding defendants, appointment of counsel, and communications. The magistrate judge recommends striking an improperly filed amended complaint, denying plaintiff’s other motions, and denying defendants’ motions to dismiss and to strike without prejudice.

Holdings

1. Leave to amend was granted because amendment should generally be freely given and the court was not convinced that amendment would be futile.
2. The motions to dismiss and to strike portions of the initial complaint were mooted because the amended complaint would supersede the initial complaint; the court recommended denying those motions without prejudice.
3. Appointment of counsel was denied because plaintiff had not shown exceptional circumstances, including a likelihood of success on the merits and an inability to articulate his claims pro se in light of the complexity of the issues.
4. Plaintiff's requests to use electronic filing were denied because he did not demonstrate good cause for departing from the normal filing procedure applicable to unrepresented litigants.

Questions Presented

1. Whether plaintiff should be granted leave to file a further amended complaint.
2. Whether plaintiff's earlier motion to amend and related requests for striking filings and injunctive relief should be denied as moot or unsupported.
3. Whether plaintiff should be permitted to file electronically as a pro se litigant.
4. Whether exceptional circumstances warranted appointment of counsel.
5. Whether defendants' pending motions to dismiss and first motion to strike were mooted by the authorized amendment.
6. Whether the improperly filed amended complaint should be stricken.

Disposition

other