Bergeron v. Accra Care, Inc.

Background

Dominique Elise Bergeron filed a pro se complaint against Accra Care, Inc. in Minnesota state court. The complaint listed allegations involving housing discrimination, work discrimination, child endangerment, negligence allegedly causing a child’s wrongful death, breach of contract, and violations of the Fair Labor Standards Act. It also alleged false wage reporting and a conflict of interest, and requested $5 million.

Accra Care removed the case to federal court and moved to dismiss under Federal Rule of Civil Procedure 12(b)(5), which concerns insufficient service of process, and Rule 12(b)(6), which concerns failure to state a legally sufficient claim. Accra Care alternatively asked the court to require a more definite statement. Bergeron did not file a response by the deadline, so the court treated the motion as unopposed.

A magistrate judge granted Bergeron permission to amend and ordered her to file a complete amended complaint that did not incorporate the earlier pleading. Bergeron filed a document titled “Complaint/Joinder,” but it did not identify Accra Care as a defendant or refer to the original complaint. She did not file anything further or request more time. The court therefore treated the original complaint as the operative pleading.

Court’s analysis

For purposes of a Rule 12(b)(6) motion, the court generally accepts factual allegations as true and views them favorably to the nonmoving party. But a complaint must include enough factual matter to make the requested relief plausible, and the court does not have to accept bare legal conclusions. The court also explained that although it must read a self-represented litigant’s complaint generously, it does not have to create claims or allegations that were not clearly presented.

The court concluded that Bergeron’s complaint did not allege facts supporting the causes of action it listed. As a result, it did not give Accra Care adequate notice of the nature of the lawsuit and did not state a plausible basis for relief. The court found that Bergeron had had ample opportunity to amend her pleading and respond to the motion.

Disposition

Judge Susan Richard Nelson granted Accra Care’s motion to dismiss under Rule 12(b)(6). The court dismissed the complaint with prejudice. Because the complaint failed to state a plausible claim, the court did not consider Accra Care’s alternative argument under Rule 12(b)(5). The order directed that judgment be entered.