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S.D.N.Y.Procedural orderFiled Aug. 19, 2022

Balder v. Sarandon

Judge
Sarah Netburn
Docket
1:22-cv-06401
Court
U.S. District Court · Southern District of New York
Pages
3
Civil Procedure
In one sentence

In Balder v. Sarandon, Magistrate Judge Netburn struck Balder’s amended complaint and allowed him to refile a shorter, clearer version by September 16, 2022.

Who this affects

Arthur Balder must file a new amended complaint by September 16, 2022 if he continues the case; the defendants are affected because the prior amended complaint was struck and a revised pleading is required.

What happened

In Balder v. Sarandon, Arthur Balder filed an amended complaint on August 2, 2022. The complaint was more than 175 pages long and included more than 70 pages of exhibits.

The court said federal rules require a complaint to give a short and plain statement of the facts showing why the plaintiff is entitled to relief. It found that Balder’s complaint was lengthy and confusing and placed an unfair burden on the court and defendants.

Magistrate Judge Sarah Netburn struck the amended complaint but allowed Balder to file a new one by September 16, 2022. The court instructed him to identify the relevant facts, defendants’ actions, injuries, and requested relief, without repetition or unnecessary detail.

The detailed version

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

Case
Balder v. Sarandon · No. 1:22-cv-06401
Judge
Sarah Netburn
Date
Aug. 19, 2022

Background

Arthur Balder filed an amended complaint on August 2, 2022. The complaint exceeded 175 pages and included more than 70 additional pages of exhibits.

Court’s analysis

Federal Rule of Civil Procedure 8(a)(2) requires a complaint to contain a short and plain statement showing that the plaintiff is entitled to relief. The court explained that a complaint must include enough factual detail to make the claim plausible, but it should not be overly lengthy, confusing, or filled with unnecessary details.

The court found that Balder’s amended complaint did not provide the required short and plain statement. It said the complaint’s length and confusing presentation placed an unjustified burden on the court and defendants, who would have to identify the relevant material from the large amount of text.

Ruling

The court struck Balder’s amended complaint. It granted him leave to file a new amended complaint by September 16, 2022. The court directed him to provide a short and plain statement of the relevant facts supporting each claim against each defendant; identify relevant people and their titles; describe what each defendant did or failed to do, when and generally where the events occurred; describe his injuries; and state the relief he seeks. The court also said he should provide addresses for named defendants if he had them, avoid repetition and unnecessary detail, and not submit evidence or proof as part of the complaint. The opinion did not decide whether Balder’s underlying claims were legally valid.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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