Gephart v. Washburn et al

Filing 19

ORDER denying 16 Motion for more definite statement. Signed by Judge Virginia M. Hernandez Covington on 6/24/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SUSAN GEPHART, as Personal Representative of the Estate of Thomas Cherry, v. Plaintiff, Case No. 8:10-cv-830-T-33TBM

ROBERT C. WASHBURN, HERNANDO COUNTY SHERIFF'S OFFICE AND ITS MEMBERS, SERGEANT DONALD SMITH, PAUL SMITH, and DUSTIN ADKINS, individually, and in their official capacity, SPRING HILL FIRE & RESCUE DISTRICT VOLUNTEER AND ITS MEMBERS, CAPTAIN JAMES BILLOTTE, CHRIS BOZEK, STEVE SMITH, WARREN FLATT, ROBERT LEONDIKE, and ROBERT DELVECCHIO, individually, and in their official capacity, Defendants. ________________________________/ ORDER This matter is before the Court pursuant to Defendant Robert C. Washburn's Motion for More Definite Statement (Doc. # 16), which was filed on June 4, 2010. The Motion seeks an

order directing Plaintiff to file a more definite statement of her claim against Washburn pursuant to Rule 12(e) of the Federal Rules of Civil Procedure. Plaintiff failed to file a timely response in opposition to the Motion, and accordingly, the Court considers the Motion as an unopposed motion. However, the Court has reviewed the

Complaint and determines that a more definite statement of the claim against Washburn is not needed. Rule 12(e) of the

Federal Rules of Civil Procedure states, "a party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion

. . . must point out the defects complained of and the details desired." appears From the Court's review of the Complaint, it Plaintiff sues Washburn in Count one for

that

negligence.

Specifically, Plaintiff alleges that Washburn

negligently operated his vehicle and struck and then ran over Thomas Cherry, who was on a bicycle. Plaintiff further

alleges that Cherry sustained grave injuries as a proximate result of the collision with Washburn. Washburn is not named

as a defendant in any of the other Complaint counts. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." Plaintiff's Complaint, to the extent it is asserted against Washburn, more than satisfies this meager burden. appropriate under Rule 12(e) Further, relief is not Washburn has not

because

described any specific deficiency in the complaint and has not

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specified any detail that he needs in order to frame a responsive pleading. Thus, the Court denies the Motion.

Accordingly, it is ORDERED, ADJUDGED, and DECREED: Defendant Robert C. Washburn's Motion for More Definite Statement (Doc. # 16) is DENIED. DONE and ORDERED in Chambers, in Tampa, Florida, this 24th day of June 2010.

Copies:

All Counsel of Record

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