IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Boyd N. Boland

Civil Action No. 11-cv-02336-LTB-BNB

BRENDA PATTERSON,

Plaintiff,

v.

DEX MEDIA, INC., a Delaware corporation,

n/k/a Dex Media East, inc., a Delaware corporation,

Defendant.

______________________________________________________________________________

ORDER

______________________________________________________________________________

This matter arises on the plaintiff’s untitled motion [Doc. #30] (the “Motion”). The

Motion primarily seeks to amend the Complaint. For the following reasons, the Motion is

DENIED. 

This is the plaintiff’s third attempt to amend her Complaint. I am aware that the plaintiff

is pro se and that I must liberally construe her pleadings. Haines v. Kerner, 404 U.S. 519, 520-

21 (1972). However, a pro se litigant must comply with the fundamental requirements of the

Federal Rules of Civil Procedure. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). 

The Motion and the proposed amended complaint are deficient for many reasons. As

noted above, the Motion is untitled. I have previously informed the plaintiff that “a request for a

court order must be made by motion” and that “[t]he rules governing captions and other matters

of form in pleadings apply to motions.” Doc. #18, p. 2. In the future, the plaintiff shall title all

motions, and the titles shall not exceed ten words.

The plaintiff does not certify that she served a copy of the Motion on counsel for the

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The Motion contains an illegible copy of a receipt from the United States Post Office. 

To the extent the plaintiff included the receipt as a substitute for a certificate of service, the

receipt it deficient. Not only is it illegible, it does not contain a signed certification that the

Motion was served on counsel for the defendants.

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defendant.1

 I have informed the plaintiff that “[c]opies of papers filed in this court must be

served on counsel” and that a certificate of service showing the day and manner of service shall

be filed with the all papers in compliance with Rule 5, Fed. R. Civ. P. Doc. #18, p. 2. All future

papers filed with the court shall be served on counsel for the defendant and shall be accompanied

by a proper certificate of service. 

The Motion contains 202 pages. It contains pieces of a proposed amended complaint; a

motion to reverse the district judge’s order [Doc. #25] granting partial dismissal of the plaintiff’s

Complaint; and numerous exhibits. 

I previously informed the plaintiff that “she must include with her motion [to amend] the

entire proposed amended complaint” and it “must be submitted on the court’s standardized

form.” Doc. #18, p. 3. The plaintiff has disassembled the court’s standardized complaint form, 

inserted numerous documents in between its pages, and has reassembled the pages in the wrong

order. Moreover, the plaintiff has submitted with the proposed amended complaint “all

supporting documents for this case.” Motion, p. 2. 

The Federal Rules of Civil Procedure require that a complaint contain “(1) a short and

plain statement of the grounds for the court's jurisdiction, . . . (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 . . . .” Fed. R. Civ. P. 8(a). “[T]he only permissible pleading is a short and plain

statement of the claim showing that the pleader is entitled to relief on any legally sustainable

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grounds.” Blazer v. Black, 196 F.2d 139, 144 (10th Cir. 1952). “[T]o state a claim in federal

court, a complaint must explain what each defendant did to him or her; when the defendant did

it; how the defendant’s action harmed him or her, and what specific legal right the plaintiff

believes the defendant violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158,

1163 (10th Cir. 2007). The requirements of Rule 8(a) guarantee “that defendants enjoy fair

notice of what the claims against them are and the grounds upon which they rest.” TV

Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd,

964 F.2d 1022 (10th Cir. 1992). The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1),

which provides that “[e]ach allegation must be simple, concise, and direct.” Taken together,

Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the federal

pleading rules.

The proposed amended complaint utterly fails to provide notice of the plaintiff’s causes

of action as required by Rule 8. Moreover, it does not comply with my previous orders. 

Accordingly, the Motion is denied and the proposed amended complaint is not accepted

for filing. Should the plaintiff attempt to amend her Complaint in the future, she may do so only

by submitting a motion and proposed amended complaint which comply with the Federal Rules

of Civil Procedure, the local rules of this court, and my orders.

Any future proposed amended complaint must be submitted on the court’s form and shall

be titled “Amended Complaint.” The background statement shall briefly summarize the

plaintiff’s case and shall not exceed one double-spaced typewritten page or two handwritten

pages. Each claim shall be stated separately. Each claim shall state the legal basis for the claim

and shall allege facts sufficient to state a claim for relief. Each claim shall not exceed two

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typewritten pages, double-spaced, or four handwritten pages. Because the form contains only

one page for the background information and one page per claim, the plaintiff may insert the

appropriate number of additional pages into the form solely for the purpose of making her

background statement and alleging her claims. Exhibits and other papers shall not be inserted in

between the pages of the form and the pages of the form must remain in order. The plaintiff may

attach to the proposed amended complaint a copy of the charge of discrimination and any other

papers referenced in the body of the proposed amended complaint. The plaintiff may not attach

“all supporting documents for this case.” The proposed amended complaint shall not contain

conclusory allegations or argument. 

Finally, the plaintiff may not combine a motion to amend the Complaint with a motion to

reverse an order of the district judge. Motions shall be submitted and briefed separately.

IT IS ORDERED:

1. The Motion is DENIED for failure to comply with the Federal Rules of Civil

Procedure, the local rules of this court, and my previous orders;

2. Any future attempts to amend the Complaint shall comply with the Federal Rules of

Civil Procedure, the local rules of this court, and my orders, including this order;

3. All future motions shall contain titles in compliance with Rule 5, Fed.R.Civ.P., and

all titles shall not exceed ten words;

4. All future papers filed with the court shall be served on counsel for the defendant and

shall be accompanied by a proper certificate of service; and

5. Failure to comply with this order may result in sanctions, including dismissal of this

case. 

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Dated October 29, 2012.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

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