Strickland v. Wal-Mart Stores, Inc. et al

Filing 36

ORDER: Discovery Plastics, LLC''s Motion for More Definite Statement 6 is GRANTED. Strickland is directed to file an Amended Complaint by March 5, 2013. Signed by Judge Virginia M. Hernandez Covington on 2/19/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
STEVE J. STRICKLAND,
Plaintiff,
v.

Case No. 8:12-cv-2402-T-33TGW

WAL-MART STORES, INC., ET AL.,
Defendants.
________________________________/
ORDER
Defendant Discovery Plastics, LLC’s November 14, 2012,
Memorandum of Legal Authority in Support of its Previously
filed Motion for More Definite Statement (Doc. # 6) is before
the Court.

Discovery Plastics points out that Plaintiff

Steve Strickland’s Complaint alleges that the incident in
question, a conflagration, occurred on two disparate dates:
June 22, 2008, and October 11, 2009.
Plastics

seeks

a

more

definite

Accordingly, Discovery

statement

of

the

claims

asserted in the Complaint so that it may form an appropriate
response.
On February 7, 2013, the Court directed Strickland to
respond to the Motion for More Definite Statement by February
15, 2013. (Doc. # 27).

Strickland failed to respond to the

Motion, and the Court accordingly considers the Motion to be
unopposed.

Discovery

Plastics

correctly

identifies

an

inconsistency in the Complaint concerning the alleged date of

loss.

In addition, the Court’s independent evaluation of the

Complaint reveals that a more definite statement of the claims
is in order. The Complaint originated in state court, and its
jurisdictional allegations (including the allegation that the
damages exceed $15,000.00) are inapposite. The Complaint also
contains premises liability claims against Robert Gene Willis,
and such claims have now been dismissed.

Strickland is

therefore directed to file an Amended Complaint by March 5,
2013.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

Discovery

Plastics,

LLC’s

Motion

for

More

Definite

Statement (Doc. # 6) is GRANTED.
(2)

Strickland is directed to file an Amended Complaint by
March 5, 2013.
DONE and ORDERED in Chambers, in Tampa, Florida, this

19th day of February 2013.

Copies:

All Counsel of Record

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