United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE.
Jiggetts ("Mr. Jiggetts"), pro se
Plaintiff, brought suit against Defendant, Janssen
Pharmaceuticals, Inc. ("Janssen") on October 29,
2018 seeking damages related to his alleged injury from the
drugs Risperdal® and Invega®. Now pending before this
Court are four motions: (1) Request for Default Judgement
(ECF No. 12); (2) Motion for Leave to File Amended Complaint
(ECF No. 22); (3) Modon to Withdraw Parts of Complaint that
are Incorrect (ECF No. 25); and (4) Motion for Leave of Court
to File a Response/Reply to Answer (ECF No. 31). The
parties' submissions have been reviewed and no hearing is
necessary. See Local Rule 105.6 (D. Md. 2018). For
the reasons that follow, this Court shall DENY Mr.
Jiggetts' Request for Default Judgement and shall GRANT
his Motion for Leave to File Amended Complaint and his Motion
to Withdraw Parts of Complaint that are Incorrect. However,
Mr. Jiggetts must file a Proposed Amended Complaint, to which
Defendants may respond in due course. Mr. Jiggetts'
Motion for Leave of Court to File a Response/Reply to Answer
is, therefore, moot and shall be DENIED AS MOOT.
Jiggetts alleges that he took the drug
"risperidone" from 2013 to April of 2017 for
schizoaffective disorder, and it caused him to grow breasts,
gain excessive weight, and makes him tire easily. (Compl. 1,
ECF No. 1.) He also alleges that he took the drug
"Invega Sustenna" from 2017 to present and it
similarly caused him to grow breasts, gain excessive weight,
and makes him tire easily. (Id.) Mr. Jiggetts adds
that Invega "leaves a pain in your arm when they stick
you and it burns when it goes in." (Id.) Mr.
Jiggetts alleges that when he first started taking
risperidone, he weighed 180-200 pounds, but now he weighs
almost 300 pounds. (Id. at 1-2.)
Jiggetts states that the FDA only approves risperidone for
schizophrenia, but he was taking it for schizoaffective
disorder, which he alleges "is malpractice."
(Id. at 1.) He also states that Janssen "is
committing cruel and unusual punishment by selling these
medicines" and alleges that Janssen "deprive[s] you
of life, liberty, and property by having people take these
toxic medicines without warnings" and "committed
intentional negligence by not telling people the effects of
this [sic] medicines." (Id. at 1-2.) Mr.
Jiggetts seeks damages of "one hundred million
dollars" and asks this Court to make him whole again by
granting him damages for "pain and suffering and
emotional discomfort." (Id.)
answered the Complaint on January 28, 2019 and a scheduling
order was issued. (Answer, ECF No. 10; Sched. Order, ECF No.
11.) The next day, January 29, 2019, Mr. Jiggetts filed the
pending Request for Default Judgement, seeking default
judgment for one hundred million dollars based on
Defendant's failure to answer. (Mot. Default, ECF No.
12.) On January 31, 2019, Mr. Jiggetts supplemented his
request stating: '"Defendant answered today which is
the 23rd day yet he did not meet the 21 day deadline"
adding "I send this out already and moot the first one
because I believe I forgot to put a stamp on it."
(Suppl., ECF No. 13.) Both Mr. Jiggetts' request and
supplement were dated January 28, 2019. (See ECF
Nos. 12, 13.)
February 15, 2019, Mr. Jiggetts filed the pending Motion for
Leave to File Amended Complaint, seeking to add Janssen's
CEO as a defendant and to add further information in support
of his claim. (Mot. Am., ECF No. 22.) However, Mr. Jiggetts
notes that the amended complaint does not moot the original
complaint, and he reminds the court that he continues to
"seek judgment on the original complaint for it took
plaintiff 22 days to answer." (Prop. Am. Compl., ECF No.
February 25, 2019, Mr. Jiggetts filed the pending Motion to
Withdraw Parts of Complaint that are Incorrect, seeking to
withdraw paragraph two of his Complaint because it is not
true that he was taking risperidone for schizoaffective
disorder. (Mot. Withdraw, ECF No. 25.) On March 18, 2019, Mr.
Jiggetts filed the pending Motion for Leave of Court to File
a Response/Reply to Answer, stating that there are untrue
statements in the Answer, and "there needs to be a
reply." (Mot. Reply, ECF No. 31.)
Jiggetts also asked this Court to appoint counsel to act on
his behalf. (See ECF Nos. 24, 34, 42.) This Court
appointed pro bono counsel to represent Mr. Jiggetts
but later granted pro bono counsel's Motion for
Reconsideration (ECF No. 44) of that order. (See ECF
No. 46.) Mr. Jiggetts then filed another motion for counsel
to be appointed, which this Court denied upon consideration
of Janssen's opposition, which stated that Mr. Jiggetts
had filed over fifty lawsuits in this Court as well as
another twenty in other courts and had exhausted the
"three strikes" afforded for frivolous filings
under 28 U.S.C. § 1915(g). (See Mem. Op., ECF
No. 48.) In its Order, this Court granted leave to Defendant
to file a summary judgment motion. (ECF No. 49.) This Court
denied Mr. Jiggetts' motion to reconsider and extended
the deadline for dispositive motions to be filed in this case
until Tuesday, September 10, 2019. (ECF No. 53.)
reasons that follow, this Court shall DENY Mr. Jiggetts'
Request for Default Judgement and shall GRANT his Motion for
Leave to File Amended Complaint and Motion to Withdraw Parts
of Complaint that are Incorrect. However, Mr. Jiggetts must
file a Proposed Amended Complaint, to which Defendants may
respond in due course. Mr. Jiggetts' Motion for Leave of
Court to File a Response/Reply to Answer is, therefore, moot
and shall be DENIED AS MOOT.
Court recognizes that the Plaintiff is pro se and
has accorded his pleadings liberal construction. See
Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Jiggetts seeks default judgment because Defendant's
Answer was not timely filed. (See Mot. Default, ECF
No. 12; Mot. Suppl., ECF No. 13.) Janssen does not dispute
that the summons reflects that it was served on Friday,
January 4, 2019, but explains that the documents were not
received by Janssen's Legal Department until Monday,
January 7, 2019, so it inadvertently miscalculated the due
date for the Answer. (Def.'s Resp. 1, ECF No. 20.)
Janssen requests that ...