Judge Uses Limerick to Order Lawyer to Pare Down 465-Page Suit

Trials & Litigation

Judge Uses Limerick to Order Lawyer to Pare Down 465-Page Suit

Posted Jul 8, 2008, 05:14 am CDT
By Molly McDonough

Using a five-line limerick to make his point, a federal judge has ordered a Vancouver, Wash., lawyer to rewrite a racketeering suit.

U.S. District Judge Ronald Leighton invoked civil procedure rules that require a "short and plain statement" of allegations. And Judge Leighton used some poetic license to make his point:

"Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a).
His Complaint is too long,
Which renders it wrong,
Please re-write and re-file today."

The Seattle Times reports that the judge was particularly annoyed with an 18-page section of the suit against GMAC Mortgage that names six defendants. The section is made up "largely of useless repetition." Also, the first allegation in the suit doesn't come until page 30.

Leighton, however, noted that the lawyer, Dean Browning Webb, managed to successfully argue his point in two pages with an earlier motion.

Read more examples of "poetic justice" in the ABAJournal.com's question of the week.

Updated at 10:53 a.m. to correct the number of defendants.

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Posted by kay sieverding - 1 month, 3 weeks, 21 hours, 4 minutes ago

I had my case dismissed with prejudice for filing 19,000 words and I was fined $102,000 for unstated reasons. I think they should just set a number of pages for complaints. It could be per defendant or per claim.
Posted by David - 1 month, 2 weeks, 5 days, 2 hours, 57 minutes ago

Here’s an article about poster #1 !
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4438023,00.html
Posted by NCLawyer - 1 month, 2 weeks, 4 days, 23 hours, 37 minutes ago

#1, no one is ever fined “for unstated reasons.” Whether you understood the reason is another story. Next time, consult a lawyer.
Posted by NCLawyer - 1 month, 2 weeks, 4 days, 23 hours, 33 minutes ago

#1, I take it back. After reading the story at the link posted by #2, and the lengthy comments/questions you posted at the end of that article, the person you need to consult is not a lawyer. You need to consult a psychiatrist.
Posted by Andy the Lawyer - 1 month, 2 weeks, 4 days, 23 hours, 17 minutes ago

#4—In my opinion, no psychiatrist would take her as a patient. She appears to be a walking invitation to a malpractice action down the road.
Posted by R - 1 month, 2 weeks, 4 days, 22 hours, 39 minutes ago

I wonder what that judge would say
if Webb said, “Turnabout is fair play!”
If Webb tried the same trick -
A Complaint-Limerick! -
That Judge would no doubt make him pay!
Posted by Doug - 1 month, 2 weeks, 4 days, 22 hours, 30 minutes ago

I think it is high time we make the limeric complaint the standard. Let’s get it into the Rules and let lawyers express their creativity in other ways. Might cut down on the obvious “creativity” exhibited in motion practice!
Posted by Doug - 1 month, 2 weeks, 4 days, 22 hours, 24 minutes ago

A limerick complaint is the Rule
Creative complaining, so cool.
We’d have to get smart on the rhyming
And learn pentameter timing.
We’d get the point across, still
And be able to fatten our bill !
Posted by Daniel Reitman - 1 month, 2 weeks, 4 days, 21 hours, 33 minutes ago

Washington is a notice pleading state, so I’m not entirely surprised by the rejection of the complaint.
Posted by WA_Student - 1 month, 2 weeks, 4 days, 14 hours, 53 minutes ago

#1 has an interesting website. Too bad it is factually incorrect in one key respect: her case is described as “pending” before the U.S. Supreme Court. As far as I can tell, cert was denied back in March.
Posted by Kay Sieverding - 1 month, 2 weeks, 3 days, 21 hours, 18 minutes ago

Yes, I was fined for unstated reasons. There were no rule 11 c. 6 orders. Rule 11 requires a written statement. 20 + days ago my husband filed a motion to have a $102,000 judgment declared void because there were no counterclaims and no rule 11 c. 6 orders. The defense did not produce any rule 11 c. 6 orders in opposition. My husband’s motion states that he was not told the basis for the sanctions.

Our S.C. mandamus complaint was denied without explanation. We should update our web site. We filed a new complaint against Faegre & Benson in the D of MN 08-cv-01064. That was denied on the sole basis that we don’t have a law license. That is now before the 8th Circuit. We asked them to decide whether or not a complaint filed in MN federal court by a citizen of WI must be adjudicated in a timely basis and in conformance with law even when the filer doesn’t have a law license and whether U.S. citizens can be put in jail, or threatened with contempt, solely for representing themselves in court.
Posted by Shelley Gordon - 1 month, 2 weeks, 3 days, 16 hours, 15 minutes ago

Limmericks should be used in criminal complaints as well. For example:

On information and belief
The defendant is thought a thief
Employed for his craft and skill
But on the side he skimmed the till
A violation of the penal code
Defendant’s act is indeed forebode
Posted by 7b - 1 month, 2 weeks, 2 days, 10 hours, 6 minutes ago

1st: poster 1 is hilarious; thanks #2 for putting her various comments in context.
2nd: #12, forebode==predict/foretell/augur… it has nothing to do with forbade or forbidden.
Posted by kay sieverding - 1 month, 2 weeks, 1 day, 20 hours, 48 minutes ago

how is my comment “hilarious”? i filed a 106 page conspiracy complaint in a fact intensive case involving many people, multiple events and several years of events and was ordered to reduce it to 40 pages. I reduced it to 40 pages and it was dismissed for being “prolix and disorganized”. My defendants did not file any motions for more definite statement and when I emailed and asked them if there was anything they needed clarification of, they didn’t respond. I didn’t think it was funny at all. I have seen cases dismissed for being too long that were as short as 20 pages. I think Rule Making should decide on a length for complaints, as many courts do for motions. Also, if you file in a state that has notice pleading, does that mean that you can’t use fact pleading?
Posted by Anon Observer - 1 month, 1 week, 6 days, 7 hours, 41 minutes ago

Kay S., or poster #14 whoever you may be. If you are this stubborn person filing ridiculous lawsuits, you need to stop. Maybe you don’t get hints with these dismissals and denials. Try putting together a legally based complaint with real allegations and proof, not claims of conspiracy and opinions.

You need to listen to your husband and stop being stubborn and drop these ridiculous lawsuits. If this is all you have time to do with your life, then I’m sorry that you’ll never get any satisfaction because of your lack of knowledge and common sense.
Posted by re: #8 - 1 month, 1 week, 6 days, 1 hour, 19 minutes ago

Dismissed with prejudice.
Posted by kay sieverding - 1 month, 1 week, 5 days, 14 minutes ago

To anonymous bloggers /flamers above

The magistrate said my claims sounded “like a Hornbook textbook”. I started with admissible evidence adequate to prove practically every fact. I applied for summary judgment against every defendant and they did not respond. I asked Judge N why he dismissed my case and he told me to “sit down”. The only reason he would give for dismissing it is that I filed a related complaint in state court that I abandoned without service, which according to the S.C. in Semteck v. Lockheed has no claims preclusive effect. A lawyer who defended me in criminal charges made without probable cause, which were dismissed, William Hibbard in Steamboat Springs CO, read the complaint that Judge N dismissed and found no errors in it and sent me a letter about that. If it was “frivolous” then there would have been rule 11 c. 6 orders. If you want proof of my original problem, that my neighbor built extra buildings close to my property not allowed by the local laws, then go to 701 Princeton Ave in Steamboat Springs CO where you will see 4 buildings. Look at the property tax rolls and you will see one building built in 1950. My husband and I together filed D of MN 08-cv-01064 in D of MN and there are some exhibits filed there are “real allegations and real proof”. That was dismissed for the only reason that we don’t have law licenses. Not one other reason was stated. Now we are in the 8th Circuit with a brief that says Rule 17b(1) and the Wisc Constitution Art. 1 section 21 (2) says what they do. I just look the laws up.

My D of MN complaint is 26 pages and has only one defendant. They didn’t file any rule 12 motions.

At the time that the RMN wrote the article that people posted in other blogs here, Christopher Beall represented them. He was the lead lawyer in the malicious defense and apparently he advised RMN and the Denver Post what to report. He also advised the Steamboat Pilot what to report. In his verified bills, Beall itemized conversations with the Pilot about what they should publish about the lawsuit and us.

The D of Col proceeding has no meaning because Judge N made no factual findings and the defense billed for over 20 calls to the court and a 3-way conference call between the defense, the lawyer for Lloyds of London, and the magistrate.

Lloyds, TIG Specialty Insurance, and Mutual Insurance Limited of Bermuda are not listed on the web site of the CO insurance department as being approved to sell professional liability insurance in CO. Under CO law, lawyers were required to file in both court and with the state if they are representing an unauthorized insurer. But they did not. Lloyds sent me bills with a claim number and names of the defendants. Faegre confirmed in writing that there was insurance and itemized “ Mutual Insurance”, and billed Mutual’s U.S. president. TIG Specialty insurance was also in an itemized bill and their lawyer confirmed it later.

Could someone please please write a limerick about insurance regulation?

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