George Drywall, Inc. v. Hartford Fire Insurance Co.

Filing 27

ORDER directing that plf George Drywall, Inc. shall file a Second Amended Complaint on or before 8/6/2010, as further set out in order;. Signed by Hon. Chief Judge Mark E. Fuller on 8/3/10. (djy, )

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George Drywall, Inc. v. Hartford Fire Insurance Co. Doc. 27 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION G E O R G E DRYWALL, INC., P L A IN T IF F , v. H A R T F O R D FIRE INSURANCE CO., D EFEN D A N T. ) ) ) ) ) ) ) ) ) C A S E NO. 3:10-cv-245-MEF (W O ) ORDER A f te r review of the Complaint (Doc. # 1) and the Amended Complaint (Doc. # 7), the C o u rt finds that it suffers from two significant defects which require correction. First, P la in tif f George Drywall, Inc. has included allegations and claims against "fictitious d e f e n d a n ts ." It is well-settled that fictitious party practice is not permissible in this Court. Accordingly, it is hereby ORDERED that Plaintiff George Drywall, Inc. shall file a Second A m e n d e d Complaint which removes all such claims on or before August 6, 2010. Second, th e Court finds the allegations relating to jurisdiction and venue to be legally inadequate. Therefore, it is further ORDERED that Plaintiff George Drywall, Inc.'s Second Amended C o m p la in t shall comply with the requirements of Federal Rule of Civil Procedure 8(a)(1) and in c lu d e "a short and plain statement of the grounds for the court's jurisdiction" as it is not c u rre n tly clear by what means Plaintiff George Drywall, Inc. is invoking this Court's subject m a tte r jurisdiction. DONE this the 3rd day of August, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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