Dancesport Videos LLC v. Kunitz et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Dancesport Videos, LLC, an Arizona
limited liability company,
James and Jaana Kunitz, husband and wife;
and Digital Video Creations, LLC, an
Arizona limited liability company, Body
FX, LLC, a Nevada limited liability
Plaintiff filed a complaint alleging twelve claims against Defendants. Doc. 1. In
lieu of a response, Defendants filed a motion for a more definite statement under Federal
Rules Civil Procedure 12(e). Doc. 24. The motion is fully briefed and no party has
requested oral argument. Defendants’ motion for a more definite statement is granted.
Under Rule 12(e), if a complaint is so vague or ambiguous that a party cannot
reasonably be required to frame a responsive pleading, the defendant may move for an
order requiring a more definite statement by pointing out the defects complained of and
the details desired. Bautista v. County of L.A., 216 F.3d 837, 843 n.1 (9th Cir. 2000).
Having reviewed the compliant and the parties’ briefs, the Court agrees that a more
definite statement of the Plaintiff’s claim is required. The complaint does not identify
specifically where the alleged trademark related claims occurred. Nor does it identify
specific copyright registrations that were allegedly infringed or clearly identify the
Defendants’ motion sufficiently identifies the complaint’s defects and the details
desired. Doc. 24. The Court will grant the motion.
IT IS ORDERED:
Defendants’ motion for a more definite statement (Doc. 24) is granted.
Plaintiff shall file an amended complaint by March 15, 2012.
Dated this 29th day of February, 2012.
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?