Elliott-Lewis et al v. Abbott Laboratories, Inc.

Filing 60

Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER ALLOWING 53 MOTION from Judgment re: 44 Memorandum & ORDER; DENYING 54 MOTION to Amend Complaint. See Attached Order. (DaSilva, Carolina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

EBONIA ELLIOTT-LEWIS, et al.,

*
*
*
*
*
*
*
*
*

Plaintiffs/Relators,
v.
ABBOTT LABORATORIES, INC.,
Defendant.

Civil Action No. 14-cv-13155-IT

MEMORANDUM & ORDER
June 21, 2016
TALWANI, D.J.
Pending before the court is Plaintiff’s Motion for Relief from Judgment [#53], seeking
relief from the court’s Order of Dismissal [#49] so that the court may address Plaintiff’s request
to file a first amended complaint. The court allows the Motion for Relief from Judgment for the
limited purpose of considering that request.
Plaintiff has also filed a Motion to Amend Complaint. [#54]. Plaintiff’s counsel
acknowledges that the motion to amend the complaint was not first presented to Defendant as
directed by the court at the hearing on the motion to dismiss. The court’s directive was consistent
with Local Rule 7.1 which requires counsel for moving parties to confer with opposing counsel
in an attempt in good faith to resolve or narrow the issues before filing a motion. LR, D. Mass.
7.1. The sixty-nine page proposed First Amended Complaint, with bulleted paragraphs and
footnotes, also does not meet the requirements of Rule 8 of the Federal Rules of Civil Procedure
that a complaint should be a “short and plain statement.” Fed. R. Civ. P. 8. The First Circuit has
found that failure to comply with Rule 8 can warrant dismissal. Sayied v. White, 89 F. App’x

284 (1st Cir. 2004) (unpublished) (“‘Unnecessary prolixity in a pleading places an unjustified
burden on the court and the party who must respond to it because they are forced to select the
relevant material from a mass of verbiage.’”) (quoting 5 Charles Alan Wright & Arthur R.
Miller, Federal Practice & Procedure, §1281, at 522 (2d ed. 1990)); Kuehl v. F.D.I.C., 8 F.3d
845, 908 (1st Cir. 1993) (“A district court has the power to dismiss a complaint when a plaintiff
fails to comply with the Federal Rules of Civil Procedure, including Rule 8(a)(2)’s ‘short and
plain statement’ requirement.) (citation omitted).
For both of these reasons, the court hereby DENIES Plaintiff’s Motion to Amend
Complaint [#54] without prejudice. If Plaintiff seeks to file a renewed motion to amend
complaint, her counsel shall confer with defense counsel no later than June 27, 2016, in a good
faith effort to resolve or narrow the issues. Any renewed motion to amend shall be filed on or
before July 11, 2016, and shall be accompanied by the required Rule 7.1 certificate.
IT IS SO ORDERED.
/s/ Indira Talwani
United States District Judge

Date: June 21, 2016

2