Busby et al v. Palmer

Filing 23

JUDGMENT ADOPTING 19 Report and Recommendation of the Magistrate Judge. IT IS ORDERED that 9 Motion to Dismiss is CONVERTED to a Motion for a More Definitive Statement and is Granted In Part and Denied In Part. IT IS FURTHER ORDERED that Plaintiffs must amend their Complaint within 30 days. Signed by Judge Robert G James on 7/18/2017. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
TED BUSBY, ET AL.

CIVIL ACTION NO. 3:17-0494

VERSUS

JUDGE ROBERT G. JAMES

KEITH PALMER D/B/A PALMER
CONSTRUCTION

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously
filed herein [Doc. No. 19], finding that the Magistrate Judge correctly stated and applied the law, and
noting the lack of objections to the Report and Recommendation,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendant’s Motion to Dismiss
[Doc. No. 9] is CONVERTED to a Motion for a More Definitive Statement pursuant to Federal
Rule of Civil Procedure 12(e). The converted motion is GRANTED IN PART and DENIED
IN PART. The motion is GRANTED to the extent that Defendant moves for a more definite
statement regarding “when” and “where” the allegedly fraudulent statements were made. The
motion is otherwise DENIED.
IT IS FURTHER ORDERED that Plaintiffs must amend their Complaint within thirty
(30) days of the date of this Judgment to allege their fraud claims with more particularity. If
Plaintiffs fail to do so, their fraud claims will be dismissed.
MONROE, LOUISIANA, this 18th day of July, 2017.