Nadist, LLC v. Doe Run Resources Corporation, The et al

Filing 200

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Doe Run's motion to dismiss or in the alternative for more definite statement 185 is denied. Signed by Honorable Catherine D. Perry on 2/6/09. (BAK)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION NADIST, LLC, Plaintiff, vs. THE DOE RUN RESOURCES CORP., et al., Defendants. ) ) ) ) ) ) ) ) ) )

Case No. 4:06CV969 CDP

MEMORANDUM AND ORDER This matter is before the Court on Doe Run's motion to dismiss the State of Missouri's complaint, or in the alternative, for a more definite statement. I have carefully reviewed the parties' briefs and viewed the complaint in light of the relevant standards, and I will deny the motion. Although the State of Missouri may not ultimately prevail on its complaint, it cannot be dismissed at this stage of the proceedings. Moreover, the complaint meets federal pleading standards and cannot be considered so vague or ambiguous that Doe Run cannot file an answer. See Fed. R. Civ. P. 12(e). Accordingly,

IT IS HEREBY ORDERED that Doe Run's motion to dismiss or in the alternative for more definite statement [#185] is denied.

CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE

Dated this 6th day of February, 2009.

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