Opinion

White

Court
District Court, N.D. California
Filed
Jan 14, 2026
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

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7 SCOTTY LEE WHITE, Case No. 25-cv-08605-JST

8 Plaintiff, OMNIBUS ORDER STRIKING

AMENDED COMPLAINTS,

9 v. DISMISSING OPERATIVE

COMPLAINT, AND DENYING

10 SUSAN E. BINDLER, et al., PENDING MOTIONS AS MOOT

11 Defendants. Re: ECF No. 11, 32, 34, 36, 37, 38, 39, 41,

43, 46, 48

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13 On October 8, 2025, Plaintiff Scotty White filed a complaint in this case against

14 Defendants Susan E. Bindler, Cape Girardeau, Maureen W. Gornik, Scott S. Harris, Christy M.

15 Hency, Rush H. Limbaugh, III, and the Missouri District Court. ECF No. 1. He thereafter filed

16 amended complaints on December 10, 2025, ECF No. 32; December 11, 2025, ECF No. 36;

17 December 18, 2025, ECF No. 43; and January 12, 2026, ECF No. 46.

18 Rule 15(a)1 provides that:

19 A party may amend its pleading once as a matter of course no later

than: (A) 21 days after serving it, or (B) if the pleading is one to

20 which a responsive pleading is required, 21 days after service of a

responsive pleading or 21 days after service of a motion under Rule

21 12(b), (e), or (f), whichever is earlier.

22 Fed. R. Civ. P. 15(a). Rule 15(b) makes clear that “[i]n all other cases, a party may amend its

23 pleading only with the opposing party’s written consent or the court's leave.” Fed. R. Civ. 15(b).

24 Accordingly, White was entitled to file the amended complaint at ECF No. 32 as a matter of

25 course, but was not entitled to file any of his subsequent complaints because he did not obtain

26 leave of court. The complaints at ECF Nos. 36, 43, and 46 are hereby stricken. The amended

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1 complaint at ECF No. 32 (hereafter “the complaint”) is the operative complaint in this action.2

2 Turning to that pleading, the Court finds that the operative complaint fails to conform to

3 the requirements set forth in Rule 8. That rule requires that a pleading must contain (1) “a short

4 and plain statement of the grounds for the court’s jurisdiction”; (2) “a short and plain statement of

5 the claim showing that the pleader is entitled to relief”; and (3) “a demand for the relief sought.”

6 The complaint is neither short nor plain. The body of the complaint is 164 pages long, and

7 it attaches 27 pages of exhibits. The complaint is largely incomprehensible. The many unrelated

8 topics on which the complaint touches include a case filed by nominal plaintiff Cheryl Bullock in

9 the United States District Court for the District of Columbia; an apparently different lawsuit

10 pending in the United States District Court for the Eastern District of Missouri; motion practice in

11 the United States Court of Appeals for the Eighth Circuit; alleged derogations of duty by

12 employees of that circuit court, including “denial of petitions for writs of mandamus without

13 cause, failure to respond to requests for clarification regarding returned filings, improper return of

14 filing fees, unauthorized changes of judicial assignment, and threats to dismiss cases based on

15 undocketed summonses”; violations of the Rules of Civil Procedure and the local rules of the

16 United States District Court for the Eastern District of Missouri; and the submission by “hundreds

17 of individuals” of “formal notices of grievance, rebuke, and remonstrance addressed to officials

18 including Donald Trump, Pam Bondi, Neil Gorsuch, Clarence Thomas, John Roberts, Amy Coney

19 Barrett, Samuel Alito, Sonia Sotomayor, Brett Kavanaugh, Ketanji Brown Jackson, Elena Kagan,

20 Ashanda, and Katie Hendrick.” ECF No. 32.

21 It is impossible for the Court to determine from these allegations what happened, much

22 less whether the complaint states cognizable claims. In the order denying White’s “emergency

23 motion for protective order,” which was based on a prior complaint, the Court observed that

24 White’s complaint “fails to present any cognizable statutory or common law basis for relief.” ECF

25 No. 9 at 1–2. The same is equally true of the amended complaint. “[T]he Court is not obligated to

26 endlessly sift through plaintiff's rambling, confusing, repetitive factual allegations in an attempt to

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1 construct cognizable claims on plaintiff's behalf.” Polk v. Beard, No. EDCV 13-1211-BRO, 2014

2 WL 4765611, at *5 (C.D. Cal. June 20, 2014), report and recommendation adopted, No. EDCV

3 13-1211-BRO RNB, 2014 WL 4757503 (C.D. Cal. Sept. 24, 2014), aff’d, 692 F. App’x 938 (9th

4 Cir. 2017). The complaint also fails to show grounds for jurisdiction in this Court, given that the

5 events described seem to have occurred exclusively in either Missouri or the District of Columbia.

6 ECF No. 32. White also attaches extensive evidence to his complaint, none of which support his

7 claims for relief. ECF No. 32-1–6.

8 ““[A] court . . . may dismiss a complaint sua sponte under Rule 8 on the ground that the

9 complaint ‘is so confusing that its true substance, if any, is well disguised.’” Glendale Outpatient

10 Surgery Ctr. v. United HealthCare Servs. Inc., No. 2:18-CV-10550-SVW-SS, 2019 WL 8888305,

11 at *1 (C.D. Cal. Mar. 26, 2019) (quoting Trevizo v. Webster, No. CV 17-5868-MWF (KS), 2018

12 WL 6137625, at *4 (C.D. Cal. Nov. 20, 2018)) (internal citations omitted). “[A] complaint that is

13 too verbose, long, confusing, redundant, irrelevant, or conclusory may be dismissed for failure to

14 comply with Rule 8.” Washington v. City of Glendale Police Dep't, No. 2:18-CV-06519-

15 CBM(MAA), 2019 WL 13243998, at *1 (C.D. Cal. Apr. 4, 2019) (citing Cafasso v. Gen.

16 Dynamics C4 Sys., 637 F.3d 1047, 1058-59 (9th Cir. 2011)). The Court will dismiss White’s

17 complaint because it fails to comply with Rule 8.

18 The Court grants leave to amend. Plaintiff may file an amended complaint within 21 days.

19 Plaintiff is also counseled to specify only the Defendants he currently intends to sue in the new

20 complaint and file a proposed summons only for the Defendants included in the amended

21 complaint.

22 White has also filed 21 motions over the past three months. These motions largely suffer

23 from the same problems identified above with White’s complaint. Furthermore, because there is

24 no longer an operative pleading, the pending motions are moot, and the Court denies them on that

25 basis. Plaintiff is directed not to file any additional documents until the amended complaint is

26 filed. Plaintiff is advised that a future complaint that again fails to comply with Rule 8 may be

27 dismissed with prejudice. Nicolescu v. United Nations Org., No. CV 04-2720 NM, 2005 WL

1 complaints with prejudice, after a plaintiff has been given one or more opportunities to comply

2 || with Rule 8.”) (citation modified).

3 For the foregoing reasons, the Court orders as follows:

4 1. The complaints at ECF Nos. 36, 43, and 46 are stricken.

5 2. The amended complaint at ECF No. 32 is dismissed with leave to amend. Within

6 || 21 days of the order, Plaintiff must either: (1) file an amended complaint that complies with Rule

7 8; or (2) advise the Court that Plaintiff does not intend to file an amended complaint.

8 3. The Court denies the motions at ECF Nos. 11, 34, 37, 38, 39, 41, and 48 as moot.

9 4. The case management conference scheduled for January 20, 2026 is continued to

10 || April 28, 2026 at 2:00 p.m. An updated case management statement is due April 21, 2026.

11 IT IS SO ORDERED.

12 Dated: January 14, 2026 . .

JON S. TIGA

14 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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