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N.D. Cal.Procedural orderFiled Nov. 20, 2024

Ramirez v. Swift

Judge
Charles Breyer
Docket
3:24-cv-05974
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Ramirez v. Swift, Judge Kim ordered Ramirez to explain why his case should not be dismissed for failure to state a claim and canceled the case-management conference.

Who this affects

Elias Torres Ramirez must respond by December 2, 2024, or the case may be reassigned with a recommendation for dismissal. The court also vacated the scheduled case-management conference; the defendants are affected by the potential dismissal but received no final ruling in this order.

What happened

In Ramirez v. Swift, Elias Torres Ramirez sued Taylor Alison Swift, Travis Michael Kelce, and two other defendants. He alleged that he and Swift were married and that others interfered with their relationship. He sought to reunite with Swift, control her assets, and have certain people killed.

The court said the allegations were incredible or incomprehensible, described the claims as fanciful and delusional, and said the requested relief was plainly unavailable. The court also said the claims appeared barred because an earlier related case involving the same parties and issues had been dismissed with prejudice.

Judge Sallie Kim did not dismiss the case in this order. Instead, the court ordered Ramirez to explain by December 2, 2024, why the case should not be dismissed for failure to state a claim, warned that failing to respond could lead to a recommendation for dismissal, and vacated the November 25 case-management conference.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ramirez v. Swift · No. 3:24-cv-05974
Judge
Charles Breyer
Date
Nov. 20, 2024

Background

Elias Torres Ramirez filed this case against Taylor Alison Swift, Travis Michael Kelce, and “Theresa Tommasi and Val.” Ramirez alleged that he and Swift were married but that Swift was not fulfilling their “Sacred Relationship” because of interference by Kelce and others. He sought to reunite with Swift immediately, obtain control over Swift’s assets, and have certain individuals put to death.

Court’s analysis

The court explained that it may dismiss a claim under Federal Rule of Civil Procedure 12(b)(6) when the complaint fails to state a claim for which relief can be granted. The court said Ramirez could not possibly obtain relief because his claims were “fanciful, fantastic, and delusional.” It described the allegations as incredible and sometimes incomprehensible and said that some requested relief—such as forcing Swift to be in a relationship with Ramirez—was plainly unavailable.

The court also said Ramirez’s claims appeared barred by claim preclusion, a rule that prevents a party from bringing the same claims again after an earlier case involving the same parties and issues ended in a final judgment on the merits. The court referred to an earlier related proceeding, No. 24-cv-02728-KAW (N.D. Cal.), in which the complaint was dismissed with prejudice because the factual allegations were plainly frivolous. The court concluded that the requirements for claim preclusion were satisfied.

Order

The court ordered Ramirez to show cause—meaning to explain—by December 2, 2024, why the case should not be dismissed for failure to state a claim. The order stated that failing to respond by the deadline could result in reassignment to a district judge with a recommendation that the case be dismissed for failure to state a claim. The court did not dismiss the case in this order. It also vacated the case-management conference scheduled for November 25, 2024.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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