United States of America v. Welch et al

Filing 9

ORDER REGARDING MOTION FOR MORE DEFINITE STATEMENT AND MOTION TO STRIKE/DISMISS. Defendant's 7 Motion for More Definite Statement is denied. Defendant's 8 Motion to Strike/Dismiss is denied. By Judge Christine M. Arguello on 11/1/11.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-02292-CMA-KLM
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAMES D. WELCH,
AMRA WELCH, as nominee/alter ego of James D. Welch,
JAMES D. WELCH, as Executive Trustee of Celestial Pursuits Trust,
CIT GROUP/EQUIPMENT FINANCING, INC., and
COLORADO DEPARTMENT OF REVENUE,
Defendants.

ORDER REGARDING MOTION FOR MORE DEFINITE STATEMENT
AND MOTION TO STRIKE/DISMISS

Before the Court are Defendant Welch’s Motion for a More Definite Statement
(Doc. # 7) and Motion to Strike/Dismiss (Doc. # 8). Upon review of these motions and
the case file, the Court finds as follows:
Defendant’s Motion for a More Definite Statement (Doc. # 7) is without merit.
Such motions are proper where the plaintiff’s pleading is “so vague or ambiguous that
the party cannot reasonably prepare a response.” Fed. R. Civ. P. 12(e). Here, the
Court determines that the Government’s Complaint (Doc. # 1) puts forward “specific,
nonconclusory factual allegations,” Crawford-El v. Britton, 523 U.S. 574. 598 (1998),
which are neither vague nor ambiguous. Thus, Defendant’s Motion for a More Definite
Statement (Doc. # 7) is DENIED.

Similarly, Defendant’s Motion to Strike/Dismiss (Doc. # 8) is also unavailing.
Defendant cites Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009), but fails to argue
convincingly that the Government has not “state[d] a claim to relief that is plausible on
its face.” Having reviewed the Complaint (Doc. # 1) and Defendant’s Motion, the Court
is unable to discern any pleading deficiencies under Fed. R. Civ. P. 8 or Iqbal.
Accordingly, Defendant’s Motion to Strike/Dismiss (Doc. # 8) is DENIED.
DATED: November

01 , 2011
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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