Pillsbury v. City of Enoch, The

Filing 17

ORDER AND MEMORANDUM DECISION granting without prejudice 6 Motion to Dismiss for Failure to State a Claim. Plaintiff may file a motion for leave to file an amended complaint (complete with an attached proposed complaint) no later than 21 days from the date of this Order. Signed by Judge Tena Campbell on 4/23/14 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

PATRICK PILLSBURY,
Plaintiff,

ORDER
AND

vs.

MEMORANDUM DECISION

THE CITY OF ENOCH,

Case No. 2:13-CV-948-TC

Defendant.

On August 17, 2013, a huge rainstorm inundated the City of Enoch and caused
widespread flooding. During the rainstorm, Plaintiff Patrick Pillsbury’s house in Enoch was
flooded. He brings this case against Defendant City of Enoch (City), contending that negligent
design of a ditch adjoining his property caused the flooding of his house. He also alleges that the
flooding was an unconstitutional taking by the City.
The City moves for dismissal of Mr. Pillsbury’s complaint under Federal Rule of Civil
Procedure 12(b)(6).1 To survive a motion to dismiss under Rule 12(b)(6), a plaintiff must plead
enough facts to state a plausible claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555
(2007). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “A claim has facial

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The parties supplied documentation to expand the facts laid out in the complaint. But
under Rule 12(b)(6), the court must consider only the allegations set forth in the complaint. To
do otherwise would be engaging in a summary judgment analysis, and the court declines to
convert the motion to dismiss into a motion for summary judgment.

plausibility when the pleaded factual content allows the court to draw the reasonable inference
that the defendant is liable for the misconduct alleged.” Id.
The court finds that Mr. Pillsbury’s complaint does not comply with the pleading
requirements of Rule 12(b)(6) or Twombly. For that reason, the court GRANTS the City’s
Motion, but WITHOUT PREJUDICE. The court hereby grants leave to Mr. Pillsbury to cure the
pleading defects by filing a motion for leave to file an amended complaint (complete with an
attached proposed complaint) no later than 21 days from the date of this Order. The City then
has 21 days from the date the motion is filed to respond.
SO ORDERED this 23rd day of April, 2014.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

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