Jones v. The Data Entry Company, No. 2:2018cv00994 - Document 7 (S.D. Ohio 2018)

Court Description: OPINION AND ORDER granting 5 Motion for More Definite Statement: Plaintiff is ORDERED to file an amended complaint by 11/8/2018. Signed by Magistrate Judge Kimberly A. Jolson on 10/17/2018. (Attachments: # 1 Exhibit A - Complaint Form (Pro Se)) (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified opinion status on 10/17/2018 (ew).

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Jones v. The Data Entry Company Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CLARETHA R. JONES, Plaintiff, v. Civil Action 2:18-cv-994 Judge George C. Smith Magistrate Judge Jolson THE DATA ENTRY COMPANY, Defendant. OPINION AND ORDER This matter is before the Court on Defendant’s Motion for a More Definite Statement (Doc. 5) filed on September 25, 2018. Plaintiff’s deadline to respond to the Motion has passed. For the reasons that follow, the Court GRANTS Defendant’s Motion. Plaintiff is ORDERED to file an amended complaint on or before November 8, 2018. Federal Rules of Civil Procedure Rule 12(e) provides that a “party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.” As her complaint, Plaintiff has submitted 40 plus pages of paperwork related to her claims of discrimination filed with the Ohio Civil Rights Commission and the Equal Employment Opportunity Commission. (See generally Doc. 1-1). The Court agrees with the Defendant that this approach to pleading is sufficiently vague and ambiguous to justify an order requiring Plaintiff to file an amended complaint. In her amended complaint, the Plaintiff should do her best to comply with the following rules. A complaint should contain: (1) a short and plain statement of the grounds for the court’s jurisdiction; Dockets.Justia.com (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. Fed. R. Civ. P. 8(a)(1)–(3). All claims must be set forth in “numbered paragraphs, each limited as far as practicable to a single set of circumstances,” Fed. R. Civ. P. 10(b), and “[e]ach allegation must be simple, concise, and direct,” Fed. R. Civ. P. 8(d)(1). To assist in complying with these rules, Plaintiff may wish to use the Court’s Complaint Form (Pro Se) attached as Exhibit A, which can also be found on the Court’s website. See http://www.ohsd.uscourts.gov/ohio-southern-district-forms. In addition, Plaintiff may wish to consult the Court’s pro se guide, which provides basic information regarding the preparation of a complaint. See A Guide for Pro Se Civil Litigations: Representing Yourself in the United States District Court for the Southern District of Ohio, Sec. III.1, available at http://www.ohsd.uscourts.gov/pro-se-handbook. For the foregoing reasons, Plaintiff is ORDERED to file an amended complaint on or before November 8, 2018. IT IS SO ORDERED. Date: October 17, 2018 /s/ Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE 2

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