Dancesport Videos LLC v. Kunitz et al

Filing 40

ORDER granting 24 Motion for More Definite Statement. Plaintiff shall file an amended complaint on or before 3-15-2012. Signed by Judge David G Campbell on 2/29/2012.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dancesport Videos, LLC, an Arizona
limited liability company,

No. CV11-1850-PHX-DGC
ORDER

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Plaintiff,

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vs.

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James and Jaana Kunitz, husband and wife;
and Digital Video Creations, LLC, an
Arizona limited liability company, Body
FX, LLC, a Nevada limited liability
company,

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Defendants.

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Plaintiff filed a complaint alleging twelve claims against Defendants. Doc. 1. In

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lieu of a response, Defendants filed a motion for a more definite statement under Federal

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Rules Civil Procedure 12(e). Doc. 24. The motion is fully briefed and no party has

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requested oral argument. Defendants’ motion for a more definite statement is granted.

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Under Rule 12(e), if a complaint is so vague or ambiguous that a party cannot

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reasonably be required to frame a responsive pleading, the defendant may move for an

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order requiring a more definite statement by pointing out the defects complained of and

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the details desired. Bautista v. County of L.A., 216 F.3d 837, 843 n.1 (9th Cir. 2000).

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Having reviewed the compliant and the parties’ briefs, the Court agrees that a more

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definite statement of the Plaintiff’s claim is required. The complaint does not identify

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specifically where the alleged trademark related claims occurred. Nor does it identify

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specific copyright registrations that were allegedly infringed or clearly identify the

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infringing party.
Defendants’ motion sufficiently identifies the complaint’s defects and the details
desired. Doc. 24. The Court will grant the motion.

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IT IS ORDERED:

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1.

Defendants’ motion for a more definite statement (Doc. 24) is granted.

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2.

Plaintiff shall file an amended complaint by March 15, 2012.

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Dated this 29th day of February, 2012.

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