Goddard v. Castle

Filing 14

ORDER denying 11 Motion to Strike. Ordered by Magistrate Judge Cheryl R. Zwart. (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CONNIE M GODDARD, LUKE
GODDARD, G. CHRISTOPHER
GODDARD,

7:14CV5004

Plaintiffs,
ORDER
vs.
RONNIE F CASTLE,
Defendant.
The defendant has moved to strike the documents attached to the plaintiffs’
amended complaint. The defendant argues a complaint should provide a “plausible short
and plain statement” of the plaintiffs’ claims, but the plaintiffs’ amended complaint
provides a legal argument with exhibits attached as evidentiary support.

In response to the defendant’s motion, the plaintiffs assert the attachments provide
a means for alleging their fraud claims with specificity as required under the Federal
Rules.

Upon review, the court finds the attachments are relevant to the claims raised, and
incorporating the attachments into the amended complaint does not violate the federal
rules.

Accordingly,
IT IS ORDERED that Defendant’s Motion to Strike, (Filing No. 11), is denied.
July 11, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge