Tompkins v. Havens et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant ABF Freight System, Inc.'s motion for a more definite statement is GRANTED. ECF No. 18 . IT IS FURTHER ORDERED that, no later than 14 days from the date of this Memorandum and Order, Plaintiffs shall file an amended complaint stating in separate counts each Plaintiff's claim against each Defendant based on each theory of relief. (Amended/Supplemental Pleadings due by 7/4/2018.) Signed by District Judge Audrey G. Fleissig on June 20, 2018. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES TOMPKINS, survivor of
JAVONTE TOMPKINS, now deceased,
and JA’LEN WASHINGTON,
Plaintiffs,
vs.
CRAIG HAVENS, and
ABF FREIGHT SYSTEM, INC.
Defendants.

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Case No. 4:17-cv-02925-AGF

MEMORANDUM AND ORDER
This matter arises out of a motor vehicle accident involving a vehicle driven by
Defendant ABF Freight System, Inc.’s (“ABF”) employee, Defendant Craig Havens, and
a vehicle operated by Plaintiff Javonte Tompkins, in which Plaintiff Ja’len Washington
was a passenger. Tompkins died as a result of the accident, and Washington was injured.
In the amended complaint, both Plaintiffs assert negligence claims against Havens (Count
1), as well as negligence and respondeat superior claims against ABF (Count 2).
The case is now before the Court on ABF’s motion (ECF No. 18) for a more
definite statement. ABF asks that Plaintiffs be required to “separate their causes of action
for each Plaintiff into separate counts as well as a separate count for each theory of
relief.” Plaintiffs have not responded to the motion, and the time to do so has passed.

Upon careful consideration of ABF’s motion and Federal Rule of Civil Procedure
12(e), and to promote clarity, the Court will require Plaintiffs to state in separate counts
each Plaintiff’s claim against each Defendant based on each theory of relief.
Accordingly,
IT IS HEREBY ORDERED that Defendant ABF Freight System, Inc.’s motion
for a more definite statement is GRANTED. ECF No. 18.
IT IS FURTHER ORDERED that, no later than 14 days from the date of this
Memorandum and Order, Plaintiffs shall file an amended complaint stating in separate
counts each Plaintiff’s claim against each Defendant based on each theory of relief.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 20th day of June, 2018.