Sweeney Mooney v. City of Newton et al

Filing 53

Judge Rya W. Zobel: ORDER entered denying 49 Motion to Strike (Urso, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 13-10613-RWZ

JEANNE SWEENEY MOONEY
v.
THE CITY OF NEWTON, et al.

ORDER
October 21, 2013

ZOBEL, D.J.

After defendants had answered plaintiff’s original complaint, plaintiff moved to
amend it in several respects. Defendants objected to parts of the amended complaint,
and the court ordered:
1. That the motion to amend is allowed to the extent the amended
complaint deletes Counts IV, V, VI, VII and X against the City and Count
XI against Aucoin.
2. That the motion to amend is denied with respect to the
proposed claims against Warren in his individual capacity and the new
claim for abuse of process against Warren, Aucoin and Cummings.
3. Plaintiff shall submit a revised Amended Complaint that reflects
this order.
(Docket # 47).
Plaintiff filed an Amended Complaint (Docket # 48) and the City of Newton, Setti
D. Warren and Edward Aucoin (the “Newton defendants”), now move to strike on the

ground that the new document does not comply with the court’s order. They focus on
the “elaborated facts” which are indeed lengthy and far more detailed than the “short
and plain statement of the claim showing that the pleader is entitled to relief required
by Fed. R. Civ P. 8. Nonetheless, the court’s order did not address the factual
allegations and I will not now strike them.
With respect to the claims against Warren, the amended complaint is silent as to
whether he is sued in his official or individual capacity, but, given the earlier order, they
will be treated as claims against him only in his official capacity.
The motion to strike (Docket # 49) is denied. The parties are encouraged to
proceed expeditiously and cooperatively with discovery which is scheduled to be
completed by January 28, 2014.

October 22, 2013
DATE

/s/Rya W. Zobel
RYA W. ZOBEL
UNITED STATES DISTRICT JUDGE

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