Central Bank of the Midwest v. Scarlatta

Filing 20

MEMORANDUM AND ORDER granting in part and denying in part as moot 9 Defendant's Motion to Dismiss and for More Definite Statement. Signed by Judge Marvin J. Garbis on 6/11/2018. (krs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CENTRAL BANK OF THE MIDWEST
Plaintiff

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vs.

* CIVIL ACTION NO. MJG-18-628

JENNIFER SCARLATTA,

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Defendant
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MEMORANDUM AND ORDER
The Court has before it Defendant’s Motion to Dismiss And For
More Definite Statement [ECF No. 9], and the materials submitted
relating thereto.

The Court finds that no hearing is necessary.

Defendant asks the Court to dismiss the claims against her or to
issue an Order:
requiring the Plaintiff to file an Amended
Complaint, or to furnish a statement of
additional facts particulars [sic] correcting the
confusing or incomplete language of the present
Complaint; in particular, the last few sentences
of paragraph 4, paragraph 5, paragraph 31,
paragraph 38, paragraph 39 and paragraph 42.
Def.’s Mem. at 6, ECF No. 10.
Defendant also states her belief that some of the references in
the Complaint are “confusing” or “not clear” and that she is unable to
respond fully without a “more complete statement” of certain facts and
legal theories.

Id. at 6-7.

Under the circumstances, the Court finds it appropriate to
request the Plaintiff to file an Amended Complaint that clarifies the
issues for Defendant to address.

Accordingly:
1. Defendant’s Motion to Dismiss And For More Definite
Statement [ECF No. 9] is hereby GRANTED IN PART and DENIED
IN PART AS MOOT.
a. By July 11, 2018, Plaintiff Central Bank of the
Midwest shall file an Amended Complaint which includes
a more definite statement of the allegations asserted
against Defendant Scarlatta.
b. Defendant’s motion to dismiss is hereby DENIED as moot
without prejudice to her ability to file a motion to
dismiss the Amended Complaint.

SO ORDERED, this Monday, June 11, 2018.

/s/__________
Marvin J. Garbis
United States District Judge

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