B.A.R.-M.M.P., Inc. v. Regional Loan Corporation et al

Filing 25

ORDER denying 18 Motion for More Definite Statement. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
B.A.R.-M.M.P., INC.

CIVIL ACTION

VERSUS

NO. 11-753

REGIONAL LOAD CORPORATION ET AL.

SECTION “F”(2)

ORDER ON MOTION
APPEARANCES: None (on the briefs)
MOTION:

Defendants’ Motion for More Definite Statement, Record Doc. No. 18

O R D E R E D:
XXX : DENIED. Local Rule 7.5 of the Eastern District of Louisiana requires that
memoranda in opposition to a motion be filed and served no later than eight days before the
noticed submission date. No memorandum in opposition to defendants’ Motion for More
Definite Statement, Record Doc. No. 18, submitted for decision on August 3, 2011 without
oral argument, has been timely submitted. Plaintiff filed an untimely memorandum in
opposition on July 27, 2011, without seeking leave of court to do so. Record Doc. No. 22.
In this instance, however, the motion is without merit and must be denied for the following
reasons.
Rule 12(e) permits the court to order plaintiff to file a more definite statement of its
claims if the complaint "is so vague or ambiguous that the party cannot reasonably prepare
a response." Plaintiff’s complaint, Record Doc. No. 1, is not such a pleading. Read as a
whole, the complaint sets out both the factual basis of the claims and legal causes of action
in sufficient detail to permit movants to respond. Notice pleading in this court pursuant to
Fed. R. Civ. P. 8 generally does not require the kind of specific pleading movants seek, all
of which is more appropriately addressed in disclosure and discovery. Defendants can
reasonably be required to prepare an answer or other appropriate response to the complaint,
and must do so no later than August 17, 2011.
New Orleans, Louisiana, this 3rd
day of August, 2011.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE