Townsend v. National Cart Corporation
OPINION AND ORDER: It is ORDERED that: (1) The United States Magistrate Judge's recommendation (doc. no. 38 ) is adopted in part, as discussed above. (2) The motion to dismiss (doc. no. 22 ) is denied in part to the extent that it requests dismissal on the basis that the complaint is a shotgun pleading, butremains pending on the statute-of-limitations argument. (3) This case is referred back to the magistrate judge for further consideration in light of this order. Signed by Honorable Judge Myron H. Thompson on 5/11/2018. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CIVIL ACTION NO.
OPINION AND ORDER
defendant's motion to dismiss be denied.
filed an objection (doc. no. 44) arguing, in part, that
the magistrate judge failed to address the requirements
of Rule 15(c) of the Federal Rules of Civil Procedure.
While defendant’s motion to dismiss cited Rule 15(c)
and argued that relation back did not apply, it did
not, for the most part, set forth how the particular
identifying defendant, without ever stating how these
15(c)(1)(A)--allowing relation back where the rules of
the relevant state authorize it--but the motion does
not make that clear.)
It is defendant’s responsibility
to present its arguments in a clear, straightforward,
and well-organized manner.
Accordingly, upon an independent and de novo review
recommendation should be adopted to the extent that it
However, as to the motion to
believes that this matter should be referred back to
the magistrate judge for his consideration in the first
instance--so that he can require additional briefing,
The court takes no position on
whether the defendant's Rule 15(c) argument has merit.
Accordingly, it is ORDERED that:
recommendation (doc. no. 38) is adopted in part, as
(2) The motion to dismiss (doc. no. 22) is denied
in part to the extent that it requests dismissal on the
basis that the complaint is a shotgun pleading, but
remains pending on the statute-of-limitations argument.
(3) This case is referred back to the magistrate
judge for further consideration in light of this order.
DONE, this the 11th day of May, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?