Sandoval v. MWR et al

Filing 28

ORDER that Excel's 24 Motion to Dismiss is denied. Signed by Judge Neil V Wake on 05/27/10.(ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Irma Sandoval, Plaintiff, vs. MWR et al., Defendants.

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No. CV-10-0683-PHX-NVW ORDER

Before the Court is Defendant Excel Group's Motion to Dismiss pursuant to Rule 12(b)(6) (doc. #24). Because Excel filed an answer, its Motion to Dismiss is, in substance, a motion for judgment on the pleadings under Rule 12(c). For the reasons stated below, the Court will deny Excel's motion. Plaintiff Sandoval's amended complaint marginally states claims for relief. Its main deficiency is that it was not plead with specificity. However, it was plead with sufficient specificity to enable Excel to answer. The Court will therefore deny Excel's Motion to Dismiss. IT IS THEREFORE ORDERED that Excel's Motion to Dismiss (doc. #24) is denied. DATED this 27th day of May, 2010.