Robin Duboc Kimbell v. Republic of Austria et al, No. 2:2017cv04767 - Document 10 (C.D. Cal. 2017)
Court Description: MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Suzanne H. Segal. If Plaintiff still wishes to pursue this action, she is granted thirty (30) days from the date of this Memorandum and Order within which to file a First Amended Complaint. In any amended complaint, the Plaintiff shall cure the defects described above. Plaintiff is strongly encouraged to utilize the standard civil rights complaint form when filing any amended complaint, a copy of which i s attached. Plaintiff is further advised that is she no longer wishes to pursue this action, she may voluntarily dismiss it by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1). A form Notice of Dismissal is attached for Plaintiffs convenience. (See document for further details). (Attachments: # 1 Civil Rights Complaint Form, # 2 Notice of Dismissal Form) (mr)
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Robin Duboc Kimbell v. Republic of Austria et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 Case No. CV 17-4767 FMO (SS) ROBIN DUBOC KIMBELL, MEMORANDUM DECISION AND ORDER v. DISMISSING COMPLAINT WITH REPUBLIC OF AUSTRIA, et al., 15 LEAVE TO AMEND Defendants. 16 17 I. 18 INTRODUCTION 19 20 On June 28, 2017, plaintiff Robin Duboc Kimbell (“Plaintiff”), 21 a California resident proceeding pro se, filed a Complaint for 22 Money Damages (“Complaint” or “Compl.”). 23 rights claims 24 the Foreign Sovereign Immunities Act, 28 U.S.C. § 1606; and the 25 Sarbanes–Oxley Act, 18 U.S.C. § 1519, among other state and federal 26 laws. Plaintiff alleges civil and asserts that they arise under 42 U.S.C. § 1985; (Dkt. No. 1). 27 28 Dockets.Justia.com 1 Congress mandates that district courts perform an initial 2 screening of complaints in civil actions where a prisoner seeks 3 redress 4 § 1915A(a). This Court may dismiss such a complaint, or any portion 5 thereof, 6 frivolous or malicious, (2) fails to state a claim upon which 7 relief can be granted, or (3) seeks monetary relief from a defendant 8 who is immune from such relief. 9 also Lopez v. Smith, 203 F.3d 1122, 1126-27 & n.7 (9th Cir. 2000) 10 (en banc). For the reasons stated below, the Complaint is DISMISSED 11 with leave to amend.1 from a before governmental service of entity process or if employee. the 28 complaint U.S.C. (1) is 28 U.S.C. § 1915A(b)(1-2); see 12 13 II. 14 ALLEGATIONS OF THE COMPLAINT 15 16 Plaintiff’s fifty-four page Complaint asserts fourteen 17 different claims against more than twenty Defendants. Many of the 18 Defendants are government officials of the United States and the 19 Republic of Austria, including the Austrian minister of justice, 20 various Assistant United States Attorneys, and the director of the 21 Office of International Affairs in the United States Department of 22 Justice. 23 States District Judge. Plaintiff also sues her former husband and a United 24 25 26 27 28 A magistrate judge may dismiss a complaint with leave to amend without the approval of a district judge. See McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991). 1 2 1 The Complaint’s allegations concern the forfeiture of an 2 Austrian bank account that was seized in connection with the 3 criminal conviction of Plaintiff’s former husband. 4 asserts she was an innocent spouse and was entitled to the funds 5 based on certain agreements with her former husband. 6 that by executing the forfeiture, Defendants should be held liable 7 for conspiracy to violate her civil rights, as well as the wrongful 8 taking 9 intentional infliction of emotional distress, and other claims. and retention of property, fraud, breach Plaintiff She claims of contract, 10 11 III. 12 DISCUSSION 13 14 The Complaint Fails To Satisfy Federal Rule of Civil Procedure 8 15 16 Under 28 U.S.C. § 1915A(b), the Court must dismiss the 17 Complaint due to pleading defects. 18 a pro se litigant leave to amend her defective complaint unless 19 “it is absolutely clear that the deficiencies of the complaint 20 could not be cured by amendment.” Akhtar v. Mesa, 698 F.3d 1202, 21 1212 and 22 omitted). 23 least some of the defects of Plaintiff’s Complaint could not be 24 cured by amendment. 25 leave to amend. (9th Cir. 2012) (citation However, the Court must grant internal quotation marks Although unlikely, it is not “absolutely clear” that at The Complaint is therefore DISMISSED with 26 27 28 Federal Rule of Civil Procedure 8(a)(2) requires that a complaint contain “‘a short and plain statement of the claim 3 1 showing that the pleader is entitled to relief,’ in order to ‘give 2 the defendant fair notice of what the . . . claim is and the grounds 3 upon which it rests.’” 4 544, 555 (2007) (quoting Fed. R. Civ. P. 8(a)). 5 instructs that “[e]ach averment of a pleading shall be simple, 6 concise, and direct.” 7 too little,” and “when a pleading says too much.” 8 738 F.3d 1106, 1108 (9th Cir. 2013) (emphasis in original). Lengthy 9 complaints violate Rule 8 if a defendant would have difficulty Bell Atlantic Corp. v. Twombly, 550 U.S. Rule 8(e)(1) Rule 8 may be violated when a pleading “says Knapp v. Hogan, 10 responding to the complaint. Cafasso, U.S. ex rel. v. General 11 Dynamics C4 Systems, Inc., 637 F.3d 1047, 1059 (9th Cir. 2011). 12 13 Here, among other pleading deficiencies, the Complaint fails 14 to set out Plaintiff’s claims and allegations in a clear and concise 15 manner. 16 averments, often in lengthy paragraphs. 17 together all U.S. and Austrian Defendants, mostly neglecting to 18 tie claims and allegations to any particular Defendant. 19 the Complaint prevents Defendants from being able to effectively 20 understand the claims at issue and form an appropriate response. 21 As such, the Complaint violates Rule 8 and must be dismissed. Plaintiff instead includes a morass of details and The claims, moreover, lump In sum, 22 23 IV. 24 CONCLUSION 25 26 For the reasons stated above, the Complaint is dismissed with 27 leave to amend. If Plaintiff still wishes to pursue this action, 28 she is granted thirty (30) days from the date of this Memorandum 4 1 and Order within which to file a First Amended Complaint. 2 amended complaint, the Plaintiff shall cure the defects described 3 above. 4 allegations that are not reasonably related to the claims asserted 5 in the original complaint. 6 shall be complete in itself and shall bear both the designation 7 “First Amended Complaint” and the case number assigned to this 8 action. 9 complaint in this matter. Plaintiff shall not include new defendants In any or new The First Amended Complaint, if any, It shall not refer in any manner to any previously filed 10 11 In any amended complaint, Plaintiff should confine her 12 allegations to those operative facts supporting each of her claims. 13 Plaintiff 14 Procedure 8(a), all that is required is a “short and plain statement 15 of the claim showing that the pleader is entitled to relief.” 16 Plaintiff is strongly encouraged to utilize the standard civil 17 rights complaint form when filing any amended complaint, a copy of 18 which is attached. 19 identify the nature of each separate legal claim and make clear 20 what specific factual allegations support each of her separate 21 claims. 22 concise and to omit irrelevant details. 23 Plaintiff to cite case law, include legal argument, or attach 24 exhibits at this stage of the litigation. Plaintiff is also advised 25 to omit any claims for which she lacks a sufficient factual basis. is advised that pursuant to Federal Rule of Civil In any amended complaint, Plaintiff should Plaintiff is strongly encouraged to keep her statements It is not necessary for 26 27 Plaintiff is explicitly cautioned that failure to timely file 28 a First Amended Complaint or failure to correct the deficiencies 5 1 described above, will result in a recommendation that this action 2 be dismissed with prejudices for failure to prosecute and obey 3 court orders pursuant to Federal Rule of Civil Procedure 41(b). 4 Plaintiff is further advised that is she no longer wishes to pursue 5 this action, 6 of Dismissal in accordance with Federal Rule of Civil Procedure 7 41(a)(1). 8 convenience. she may voluntarily dismiss it by filing a Notice A form Notice of Dismissal is attached for Plaintiff’s 9 10 DATED: August 24, 2017 /S/ __________ SUZANNE H. SEGAL UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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