Olausen v. Murguia et al

Filing 59

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 6/5/2014, denying 44 Motion for More Definite Statement. Plaintiff's opposition to 31 Motion to Dismiss due by 6/19/2014. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

JOHN S. OLAUSEN,

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Plaintiff,
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v.
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SGT. MURGUIA, et al.,
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Defendants.
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___________________________________ )
PRESENT:

3:13-cv-00388-MMD-VPC

MINUTES OF THE COURT

June 5, 2014

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is defendants’ motion to dismiss for failure to exhaust and/or in the
alternative motion for summary judgment (#31). 1 Plaintiff did not file an opposition, but instead
filed a motion for a more definite statement and/or motion to strike and/or motion to stay for
discovery (#44). Defendants opposed (#46), and plaintiff replied (#47).
Federal Rule of Civil Procedure 12(e) provides, in pertinent part:
A party may move for a more definite statement of a pleading to which a
responsive pleading is allowed but which is so vague or ambiguous that the party
cannot reasonably prepare a response. The motion must be made before filing a
responsive pleading and must point out the defects complained of and the details
desired.
Not only is a motion for more definite statement disfavored, see U.S. E.E.O.C. v. Alia
Corp., 842 F.Supp.2d 1243, 1250 (E.D. Cal. 2012); C.B. v. Sonora School Dist., 691 F.Supp.2d
1170, 1191 (E.D. Cal. 2010), it does not appear that a motion for more definite statement may be
directed toward another motion. Fed. R. Civ. P. 12(e). Moreover, a pleading that is the subject
1

Refers to the court’s docket numbers.

of the motion must be unintelligible and not just lacking in some detail. See Neveu v. City of
Fresno, 392 F.Supp.2d 1159, 1169 (E.D. Cal. 2005); Gregory Village Partners, L.P. v. Chevron,
USA, Inc., 805 F.Supp.2d 888, 896 (N.D. Cal. 2011) (“A motion for more definite statement
attacks intelligibility, not simply lack of detail.”). “Where the [pleading] is specific enough to
[apprise] the responding party of the substance of the claim [or defense] being asserted or where
the detail sought is otherwise obtainable through discovery, a motion for a more definite
statement should be denied.” See U.S. E.E.O.C. v. Alia Corp., 842 F.Supp.2d at 1250 (citation
omitted).
Here, plaintiff complains that defendants’ motion is based on “apparent false and
fraudulent evidence” (#44, p. 4). Defendants are correct that (1) plaintiff’s motion is
procedurally improper; (2) plaintiff fails to point to any statements in defendants’ motion where
the arguments are so vague or ambiguous that it is impossible to respond; (3) plaintiff essentially
seeks an admission of liability and concessions to his claims; and (4) plaintiff’s
arguments/complaints should be set forth in an opposition, as required by Fed. R. Civ. P. 7.
Accordingly, plaintiff’s motion for a more definite statement (#44) is DENIED. Plaintiff
SHALL FILE his opposition, if any, to defendants’ motion to dismiss and/or motion for
summary judgment (#31) within fourteen (14) days of the date of this order. Defendants shall
file their reply, if any, within the timeframe set forth in the Local Rules. LR 7-2(c).
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk