Genesis Health Care, Inc. et al v. Azar
MEMORANDUM OPINION AND ORDER denying 30 MOTION to Strike Third Amended Complaint or, in the alternative, MOTION for More Definite Statement. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2015. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SUNBRIDGE HEALTHCARE LLC
d/b/a RIVER CITY CENTER, on behalf
of Carl Carter, an incapacitated individual,
and DIVERSICARE HEALTHCARE
SERVICES, INC. d/b/a LYNWOOD
NURSING HOME, on behalf of Lavell
Barnes, an alleged incapacitated individual,
) Civil Action No. 2:15cv170-WHA
STEPHANIE MCGEE AZAR, in her Official )
Capacity as the Acting Commissioner of the
Alabama Medicaid Agency,
MEMORANDUM OPINION AND ORDER
This cause is before the court on a Motion to Strike Third Amended Complaint or, in the
Alternative, for more Definite Statement (Doc. #30), filed by the Defendant, Stephanie Azar in her
official capacity as Acting Commissioner of the Alabama Medicaid Agency.
The Plaintiffs filed a Complaint in this case on March 16, 2015. The Defendant filed two
Motions to Dismiss which were mooted by the filing of amended complaints by the Plaintiffs.
The court then granted a Motion to Dismiss the Second Amended Complaint, dismissing
some claims without prejudice to being re-filed and directing the Plaintiffs to file a new Amended
Complaint complete unto itself which contains separate counts for relief for each Plaintiff, alleges
the facts relevant to each Plaintiff’s claims, and alleges the specific legal basis for each claim.
The Plaintiffs filed an Amended Complaint which sets out the facts specific to each
Plaintiff by name, sets out the applicable law, and which states separate counts for relief which are
specific to each of the two Plaintiffs. In response, the Defendant has moved to strike the Third
Amended Complaint, arguing that because the newest Amended Complaint incorporates previous
paragraphs by reference, the counts of each Plaintiff incorporate the counts of the other, which
results in a shotgun pleading. The Defendant also states that the relief sought is not clear because
some counts seek only a fair hearing on the merits and some counts seek a hearing on timeliness
and the merits.
The court has reviewed the Third Amended Complaint and finds that it is not redundant,
immaterial, impertinent, or scandalous, so that it should be stricken. See Fed. R. Civ. Pro. 12(e).
Furthermore, although it does incorporate previous paragraphs by reference, it separates out the
facts relevant to each Plaintiff and the claims asserted by each Plaintiff by Plaintiff name. As to
the requested relief, the prayer for relief asks for two specific cases to be remanded for “fair
hearings on the merits with regards to Mr. Carter and Mr. Barnes Medicaid eligibility.” (Doc. #29
at p.26). Therefore, the Third Amended Complaint is it not so vague and ambiguous that the
Defendant cannot reasonably prepare a response. See Fed. R. Civ. Pro. 12(e).
The court concludes, therefore, that the Motion to Strike Third Amended Complaint or, in
the Alternative, for more Definite Statement (Doc. #30), are due to be and are hereby ORDERED
DONE this 29th day of September, 2015.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE
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