United States District Court, D. Maryland
MEMORANDUM AND ORDER
K. BREDAR CHIEF JUDGE.
himself, Plaintiff Paul Godwin filed a form complaint in the
District Court of Maryland for Anne Arundel County. (Compl.,
ECF No. 2.) He named as defendants Jennifer Piepszak and
Chase Card. The entire substance of his allegations is
Failure of Chase Card to provide copies of documents bearing
my signature, showing that I have a legally binding
contractual obligation to pay them the alleged amount of $2,
335. Which is the total amount Chase Card is reporting to the
credit bureaus. I am suing for defamation, negligent
enablement of identity fraud, violation of the Fair Debt
Collection Practices Act (including but not limited to
Section 807-8), and violation of the Fair Credit Reporting
Act (including but not limited to Section 623-b).
(Id.) As relief, Godwin requested $4, 835 plus court
Bank USA, N.A. (“Chase”), removed the case to
this Court and filed a motion for more definite statement.
(ECF Nos. 1, 9.) Godwin has filed no response to the motion,
which is ripe for decision. No. hearing is necessary. Local
Rule 105.6 (D. Md. 2016). The motion will be granted.
Standard for More Definite Statement
[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. The motion must . . . point out the
defects complained of and the details desired.
the interplay between the fundamental pleading requirements
of Rule 8(a) and the permissibility of a motion for more
definite statement under Rule 12(e), the Fourth Circuit has
stated, “when the complaint conforms to Rule 8(a) and
it is neither so vague nor so ambiguous that the defendant
cannot reasonably be required to answer, the district court
should deny a motion for a more definite statement.”
Hodgson v. Va. Baptist Hosp., 482 F.2d 821, 824 (4th
Cir. 1973). Because the foregoing standard requires
conformance to Rule 8(a), the Court relies upon the familiar
Iqbal-Twombly standard to determine whether
Godwin's complaint states a claim for relief.
Standard of Dismissal for Failure to State a
complaint must contain “sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
Facial plausibility exists “when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Iqbal, 556 U.S. at 678. An inference
of a mere possibility of misconduct is not sufficient to
support a plausible claim. Id. at 679. As the
Twombly opinion stated, “Factual allegations
must be enough to raise a right to relief above the
speculative level.” 550 U.S. at 555. “A pleading
that offers ‘labels and conclusions' or ‘a
formulaic recitation of the elements of a cause of action
will not do.' . . . Nor does a complaint suffice if it
tenders ‘naked assertion[s]' devoid of
‘further factual enhancement.'”
Iqbal, 556 U.S. at 678 (quoting Twombly,
550 U.S. at 555, 557). Although when considering a motion to
dismiss a court must accept as true all factual allegations
in the complaint, this principle does not apply to legal
conclusions couched as factual allegations. Twombly,
550 U.S. at 555.
present form, Godwin's complaint fails to state a claim
for relief and is, at best, vague and ambiguous. The only two
factual allegations in Godwin's complaint indicate that
Chase has not provided him with copies of unspecified
documents and that Chase is reporting something about him to
credit bureaus. Otherwise, Godwin's complaint consists of
bare conclusions. Godwin must file an amended complaint that
provides sufficient factual content to establish each element
of each cause of action he is asserting. Thus, Godwin's
pleading must include the addition of enough facts such that
the Court may plausibly infer that Defendants have engaged in
wrongful conduct. Further, Godwin must allege facts that ...