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Nleme v. Ford Motor Co.

United States District Court, D. Minnesota

April 11, 2018

GREGOIRE M. NLEME, Plaintiff,
v.
FORD MOTOR COMPANY, Defendant.

          Gregoire M. Nleme, 17382 Glacier Way, Apt. 30, Rosemount, MN 55068, Pro Se Plaintiff

          Alana 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

          DAVID T. SCHULTZ UNITED STATES MAGISTRATE JUDGE

         INTRODUCTION

         The 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.

         Plaintiff 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.

         Because 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.

         FINDINGS OF FACT

         Over 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 judicata.

         Nleme 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.

         Nleme 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.

         CONCLUSIONS OF LAW

         I. Dismissal of the Lawsuit

         Because 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 ...


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