Federal Insurance Company v. Indeck Power Equipment Company

Filing 51

ORDER striking re 33 Amended Complaint,,,, filed by Federal Insurance Company. Signed by Honorable Timothy D. DeGiusti on 12/22/2015. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
FEDERAL INSURANCE COMPANY,
Plaintiff,
v.
INDECK POWER EQUIPMENT
COMPANY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-15-491-D

ORDER
Plaintiff seeks a declaration that it has no duty to defend or indemnify
Defendant Indeck Power Equipment Company and Defendant Glenn Briggs &
Associates under certain insurance policies issued by Plaintiff. In support of its action,
Plaintiff attaches, in their entirety, all thirteen policies at issue [Doc. Nos. 33-4 – 3316]. This results in Plaintiff’s Third Amended Complaint, with accompanying
exhibits, totaling over 1,000 pages in length.
Rule 8(a)(2) requires that a complaint contain “a short and plain statement of
the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Rule
8(d)(1) addresses how to state allegations supporting a claim: “Each allegation must
be simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1). “Taken together, Rules 8(a)
and (d)(1) underscore the emphasis placed on clarity and brevity by the federal
pleading rules.” Brooks v. Garfield County Jail, No. CIV–14–919, 2014 WL 6682338,

at *5 (W.D. Okla. Nov. 25, 2014). While Plaintiff’s Complaint, in itself, meets this
standard, its attachment of voluminous evidentiary exhibits does not. It is
unfathomable, and Plaintiff does not contend, that each page of the policies attached
to its Complaint is relevant to this suit and requires review. Indeed, Plaintiff’s
Complaint only references certain clauses contained in each policy in support of its
contentions. Plaintiff’s attachment of voluminous exhibits to its Complaint constitutes
a violation of Rule 8, as well as an excessive burden on the Court’s resources and
time. Accordingly, Exhibits 4 through 16 of Plaintiff’s Third Amended Complaint are
STRICKEN and Plaintiff is directed to, by January 8, 2016, re-file its Third
Amended Complaint and attach only such excerpts of those exhibits that are relevant
to the issue(s) under consideration. To the extent a more extensive documentary
record might become necessary in connection with future proceedings, relevant
documentary evidence may be submitted at that time within the parameters established
by LCvR 7.1(n).
IT IS SO ORDERED this 22nd day of December, 2015.

2