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Sherie Robinson v. Rsb Equity Group

September 12, 2012

SHERIE ROBINSON, PLAINTIFF,
v.
RSB EQUITY GROUP, LLC, ETC., DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Sherie Robinson ("Robinson") has brought a Fair Debt Collection Practices Act ("Act") Complaint against RSB Equity Group, LLC, charging it with continuing to pursue an alleged debt after it was discharged in bankruptcy. This memorandum order is issued sua sponte because of the problematic manner in which Robinson's attorney has drafted the Complaint.

All of the Complaint's allegations are set out in the brief compass of its first 19 paragraphs, which occupy something less than two typewritten pages. But then the Complaint purports to advance no fewer than seven separate "counts" (even though each of them simply incorporates by reference the allegations of Complaint ¶¶1-19), followed in each instance by a reference to a provision of the Act assertedly violated by the conduct described in those allegations.

That is an impermissible distortion of the fundamentals of federal pleading, for Robinson has advanced only a single claim (the operative federal concept), which is not multiplied simply because different theories of recovery are recited--see the excellent discussion in NAACP v. Am. Family Mut. Ins. Co., 978 F.2d 287, 291-93 (7th Cir. 1992).*fn1 Accordingly everything in the Complaint following Complaint ΒΆ19 is stricken sua sponte, with leave granted of course to file an appropriate amendment to the Complaint on or before September 24, 2012 to cure the flaw ...


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