Mitchell v. Mehta et al
Filing
11
RULING denying 5 Motion for More Definite Statement; denying 5 Motion to Strike. Signed by District Judge Shelly D. Dick on 7/1/13. (Dick, Shelly)
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
KIMON MITCHELL
PLAINTIFF
VERSUS
NO. 3:13-CV-281-SDD-RLB
DIPTI MEHTA AND HER UNKNOWN INSURANCE
COMPANY, ABC INSURANCE COMPANY,
SHELL CHEMICAL, LP, AND THEIR INSURANCE
COMPANY, NATIONAL UNION FIRE INSURANCE
COMPANY AND ENTERPRISE RENT-A-CAR AND
THEIR INSURANCE
COMPANY, ACE AMERICAN INSURANCE COMPANY
DEFENDANTS
RULING ON MOTION FOR MORE
DEFINITE STATEMENT AND/OR
MOTION TO STRIKE
Movant’s Ace American Insurance Company (“Ace”) and Depti Mehta
move pursuant to Federal Rule of Civil Procedure 12 for a more definite
statement or alternatively move to strike the following allegation of the Complaint:
[that Dipti Mehta committed] such other acts and omissions as will be
shown at the trial, all of which were in contravention of the exercise of due
care, prudence and the laws of the State of Louisiana, Parish of
Ascension.”
LAW AND ANALYSIS
Federal Rule of Civil Procedure 12(e) permits a motion for more definite
statement when “... a pleading to which a responsive pleading is permitted is so
vague or ambiguous that a party cannot reasonably be required to frame a
responsive pleading ...” Motions for more definite statement are disfavored in the
1
federal system. 1 To support a motion for more definite statement the complaint
viewed as a whole must be “so excessively vague and ambiguous as to be
unintelligible and as to prejudice the defendant seriously in attempting to answer
it.” 2
Rule 8 of the Federal Rules of Civil Procedure, requires that a complaint
“contain ... a short and plain statement of the claim showing the pleader is
entitled to relief ...” The complaint in this case does so. The single allegation that
reserves to plaintiff the right to seek relief for “other acts and omissions as will be
shown at the trial” does not render the complaint “so vague or ambiguous that
[the defendants] cannot reasonably be required to frame a responsive pleading.”
In fact the moving defendants have filed responsive pleadings.
Discovery is available to the movants to discern the acts and omissions
upon which allegations of liability rest. If additional information is needed to
prepare for trial, discovery is the proper procedure, not a 12(e) motion. 3
For the foregoing reasons, movants Motion for More Definite Statement
and alternative Motion to Strike, are denied.
Baton Rouge, Louisiana, this 1st day of July, 2013.
S
______________________________
SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA
1
Mitchell v. E-Z Way Towers, Inc., 269 F.2d 126, 132 (5th Cir.1959). See generally 5A C. Wright and A. Miller,
Federal Practice and Procedure § 1377 (2nd ed.1990).
2
Babcock & Wilcox Co. v. McGriff, Seibels & Williams, Inc., 235 F.R.D. 632, 633 (E.D. La. 2006), citing Advanced
Communications Technologies, Inc. v. Li, No. 05 Civ. 4628, 2005 WL 3215222, at *3 (S.D.N.Y. Nov. 30, 2005)
citing, Bower v. Weisman, 639 F.Supp. 532, 538 (S.D.N.Y.1986).
3
Federal Deposit Ins. Corp. v. Fidelity and Deposit Co. of Md., 118 F.R.D. 435, 437 (M.D.La.1988). See also
Fleming v. Transocean Offshore USA Inc., No. 04-2740, 2004 WL 2984325, at *2 (E.D.La. Dec. 14, 2004);
Perrilloux v. BP Oil Co./Amoco, 2002 WL 746349, at *2 (E.D.La. April 25, 2002).
2
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