Coello v. Segars et al

Filing 25

ORDER: Defendants' Motion for Partial Dismissal, to Strike, and for More Definite Statement as to Plaintiff's Third Amended Complaint 23 is DENIED. Signed by Judge James S. Moody, Jr on 2/4/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JACK COELLO,
Plaintiff,
v.

Case No: 8:14-cv-2825-T-30AEP

MARVIN K. SEGARS and FEDEX
SUPPLYCHAIN SYSTEMS, INC.,
Defendants.

ORDER
THIS CAUSE comes before the Court upon the Defendants’ Motions for Partial
Dismissal, to Strike, and for More Definite Statement as to Plaintiff’s Third Amended
Complaint (Dkt. #23). This is the Defendants’ third motion seeking to dismiss, strike or
obtain a more definite statement regarding Plaintiff’s complaint. Plaintiff responded to the
previous motions by agreeing to amend the complaint to clarify the allegations regarding
Defendant Segars’ negligent acts in operating his vehicle at the time of the accident.
Defendants admit that the Third Amended Complaint generally states a cognizable cause
of action for negligence. Although Plaintiff pleads in the alternative and does not
specifically allege how Defendant Segars breached his duty of care with regard to entering
the intersection at the time of the accident, the Third Amended Complaint sufficiently
states “ ‘a short and plain statement of the claim showing that the pleader is entitled to
relief,’ in order to ‘give the defendant fair notice of what the ... claim is and the grounds

upon which it rests.’ ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964, 167
L.Ed.2d 929 (2007) (quoting Fed.R.Civ.P. 8; Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct.
99, 2 L.Ed.2d 80 (1957)).
It is therefore ORDERED AND ADJUDGED that:
1.

Defendants’ Motions for Partial Dismissal, to Strike, and for More Definite

Statement as to Plaintiff’s Third Amended Complaint (Dkt. #23) is DENIED.
DONE and ORDERED in Tampa, Florida, this 4th day of February, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\14-cv-2825 motion to dismiss 23.docx

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