United States District Court, D. Minnesota
GREGOIRE M. NLEME, Plaintiff,
FORD MOTOR COMPANY, Defendant.
Gregoire M. Nleme, 17382 Glacier Way, Apt. 30, Rosemount, MN
55068, Pro Se Plaintiff
K. Bassin, Esq., Carly W. Stephani, Esq. and Rachelle A.
Velgersdyk, Esq., Bowman and Brooke LLP, 150 South Fifth
Street, Suite 3000, Minneapolis, MN 55402; Eugene Scalia,
Esq. and Naima L. Farrell, Esq., Gibson, Dunn & Crutcher
LLP, 1050 Connecticut Avenue NW, Washington, DC 20036,
counsel for Defendant Ford Motor Company
REPORT AND RECOMMENDATION
T. SCHULTZ UNITED STATES MAGISTRATE JUDGE
above matter came before the undersigned on March 5, 2018
upon Ford Motor Company's Rule 12(b)(6) Motion to Dismiss
[Docket No. 16]. The motion was referred to the undersigned
by Chief Judge John R. Tunheim for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B)
[Docket No. 25]. Plaintiff did not file a response to the
motion nor appear at the hearing. Naima L. Farrell, Esq. and
Carly W. Stephani, Esq. appeared on behalf of Defendant.
Gregoire M. Nleme (“Nleme”) filed this pro
se lawsuit against Defendant Ford Motor Company
(“Ford”)-his fourth in almost as many
years-ostensibly raising claims of defamation and employment
discrimination. Ford brings this motion to dismiss with
prejudice under Fed.R.Civ.P. 12(b)(6), arguing that
Nleme's complaint is wholly barred by the doctrine of
res judicata or, if not wholly barred, fails to
state a cognizable claim for which relief may be granted.
Nleme failed to appear at the hearing on the motion or
respond to Ford's motion to dismiss, for the reasons
stated below, it is recommended that Nleme's Complaint be
dismissed without prejudice, that Defendant Ford Motor
Company's Motion to Dismiss be denied as moot; and that
Nleme be barred from filing any new actions in this district
unless he is represented by counsel or is granted prior
authorization by a Judge or Magistrate Judge of the District
Court to file a proposed complaint.
the past several years, Nleme has filed numerous pro
se actions in this Court. He previously sued Ford in
2013, 2015, and 2016. The Court dismissed the 2013 complaint
for failure to state a claim. The Court dismissed Nleme's
subsequent complaints against Ford as being barred by res
judicata or otherwise failing to state a claim. In this
same time period, Nleme also brought suit against Walden
University twice, then-President Barrack Obama twice, the
CIA, the Dakota County Sheriff, and one of his neighbors.
Each of these actions was dismissed either for failing to
state a claim for which relief could be granted, being
frivolous, or being barred by the doctrine of res
began this most recent action in September 2017, alleging
primarily the same facts that he had in previous complaints
against Ford. See generally Compl., Docket No. 1;
Bassin Decl., Ex. A, Docket No. 19. Ford brought a motion to
dismiss under 12(b)(6) following three attempts to contact
Nleme. See Rule 12(b)(6) Motion to Dismiss, Docket
No. 16; Meet and Confer Statement, Docket No. 20. The Court
subsequently issued an order giving Nleme until January 31,
2018, to file a response to Ford's motion to dismiss and
scheduling a hearing on the motion for March 5, 2018.
See Jan. 12, 2018 Order, Docket No. 27.
failed to file any response to Ford's motion to dismiss
by the January 31, 2018 deadline and did not appear at the
March 5, 2018 hearing.
Dismissal of the Lawsuit
Nleme has failed to substantively respond, the Court will not
reach the merits of Ford's motion to dismiss. However, it
is appropriate to dismiss this action without prejudice ...