J E Adjuster Inc. v. Fountain Group L L C et al

Filing 22

ORDER denying 9 Motion for More Definite Statement and Motion to Dismiss. Signed by Judge Dee D Drell on 03/16/09. (crt,Harrison, U)

U S DISTRICT COURT WESTERM DISTRICT OF LOUISIANA RECEIVED - ALEXANDRIA

MAR 1 7 2009
ROBERT BY

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

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J. E. ADJUSTER, INC. -vsFOUNTAIN GROUP, L.L.C., et al.

CIVIL ACTION NO. 08-00652 JUDGE DRELL MAGISTRATE JUDGE KIRK

ORDER Before the Court is Defendants' "Motion for More Definite Statement and Motion to Dismiss." (Doc. 9). Defendants argue that the lack of specificity in Plaintiff's original complaint should compel this Court to dismiss its fraud claims outright. In light of Plaintiff's amended complaint (Doc. 15) that accompanied its opposition to Defendants' Motion, :Defendants' arguments are moot. The amended complaint alleges with

sufficient "particularity" Plaintiff's claims of fraud under Federal Rule of Civil Procedure 9(b). See Carroll v. Fort James Corp., 470 F.3d 1171, 1174 (5th Cir. 2006) (requiring plaintiffs to "plead enough facts to illustrate "the `who, what, when, where, and how' of the alleged fraud"). Accordingly, Defendants' Motion is DENIED.

SIGNED on this ,/!~ay of March, 2009 at Alexandria, Louisiana.

DEE D. DRELL UNITED STATES DISTRICT JUDGE