Garcia v. IRS, Internal Revenue Service

Filing 12

MINUTE ORDER granting 7 Motion for More Definite Statement. Plaintiff shall file an Amended Complaint on or before September 4, 2012 by Magistrate Judge Kristen L. Mix on 08/17/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01824-WYD-KLM
LILIA E. GARCIA,
Plaintiff,
v.
IRS, INTERNAL REVENUE SERVICE,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Motion for a More Definite
Statement by Defendant IRS, Internal Revenue Service [Docket No. 7; July 13, 2012]
(the “Motion”). Defendant seeks a more definite statement pursuant to Fed. R. Civ. P.
12(e) from Plaintiff on the basis that the Complaint [#5] submitted by Plaintiff is “virtually
illegible.” Motion [#7] at 1. A motion pursuant to Fed. R. Civ. P. 12(e) is generally
disfavored by the Court. Daley v. Reg'l Transp. Dist., 142 F.R.D. 481, 485 n.3 (D. Colo.
1992). As such, it is rarely granted unless the complaint is “so excessively vague and
ambiguous as to be unintelligible” or defendant would be prejudiced in its attempt to answer
it. Greater N.Y. Auto. Dealers Ass'n v. Env't Sys. Testings, Inc., 211 F.R.D. 71, 76
(E.D.N.Y. 2002) (citation omitted). Here, however, the Court has examined Plaintiff’s
Complaint, which is handwritten on a pre-printed form from a Colorado state court, and
agrees with Defendant that the Complaint is “virtually illegible” and that Defendant would
be prejudiced in its attempt to answer it. See also D.C.COLO.LCivR 10.1G. (mandating
that “[a]ll papers and signatures shall be legible”). Accordingly,
IT IS HEREBY ORDERED that the Motion [#7] is GRANTED. Plaintiff shall file an
Amended Complaint on or before September 4, 2012. The Amended Complaint shall set
forth allegations related to Defendant's conduct and the specific legal right this conduct
violates. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir.
2007). The complaint must provide "the defendant sufficient notice to begin preparing its
defense and the court sufficient clarity to adjudicate the merits." Id. "[T]o state a claim in
federal court, [Plaintiff’s Amended Complaint] must explain what each defendant did to .
. . her; when the defendant did it; how the defendant's actions harmed . . . her; and, what
specific legal right the plaintiff believes the defendant violated." Nasious, 492 F.3d at 1163.
In addition, the Amended Complaint must either be typewritten or written in legible
handwriting.
Dated: August 17, 2012