Buck v. Aransas County, Texas

Filing 10

ORDER granting 3 Motion for More Definite Statement. Plaintiff is ORDERED to file his amended complaint on or before January 30, 2017.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION RUSSELL FRANKLIN BUCK, Plaintiff, VS. ARANSAS COUNTY, TEXAS, Defendant. January 24, 2017 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 2:16-CV-472 § § § § ORDER ON MOTION FOR MORE DEFINITE STATEMENT Plaintiff, Russell Franklin Buck, filed this employment discrimination case against Defendant, Aransas County, Texas, alleging age and sex (gender) discrimination. Before the Court is Defendant’s Motion for a More Definite Statement (D.E. 3), complaining that Plaintiff’s assertion that his claims are brought pursuant to “State and Federal Law” is insufficient to provide notice under Federal Rule of Civil Procedure 8 of the specific law supporting Plaintiffs’ causes of action. Plaintiff has responded that Rule 8 does not require him to provide notice of the legal theories on which his claims are based. D.E. 5. Defendant filed a reply in support of its motion. D.E. 6. Plaintiff asserts that this case is brought under federal question jurisdiction, 28 U.S.C. § 1331. Without stating the federal law under which the case is brought, this Court cannot evaluate its own jurisdiction. It is the Plaintiff’s burden to sustain federal jurisdiction in this case. Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001). And it is the Court’s duty to raise the issue sua sponte if the parties do not do so. Kidd v. Southwest Airlines, Co., 891 F.2d 540, 546 (5th Cir. 1990). 1/2 For these reasons, the Court GRANTS the motion (D.E. 3) and ORDERS Plaintiff to file an amended complaint stating the source or legal theory upon which each of his claims is based. Plaintiff is ORDERED to file his amended complaint on or before January 30, 2017. ORDERED this 24th day of January, 2017. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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