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Labor: Other | Utah
Order on Motion for More Definite Statement
DOCKET TEXT ORDER. It is not the court's practice to require parties to file amended complaints removing allegations relating to claims that have been dismissed even though some or all of those allegations may now be legally inoperative. In granting Plaintiff's motion for leave to amend in part, the court accordingly did not require the removal of any allegations that were in the original complaint. See Dkt. No. 37. Instead, the court barred Plaintiff only from (1) adding new allegations that relate only to the dismissed claims and (2) altering allegations in the original complaint that relate only to those claims. See id. Having carefully reviewed Defendant's motion, the court does not believe a departure from the court's usual practice is warranted here. That is especially so for two reasons. First, some of the allegations of which Defendant complains appear to be relevant to the claims that survived dismissal. See Dkt. No. 37; Dkt. No. 50 at 4. Second, Defendant has already answered the allegations that were in the original complaint, see Dkt. No. 17, and it has addressed the proposed amended complaint in opposing Plaintiff's motion for leave to amend, see Dkt. No. 23. It thus does not appear that the complained-of allegations are "so vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e). To the contrary, in light of Defendant's earlier pleadings, the court has little doubt that Defendant understands the allegations in the amended complaint and is fully capable of responding to them. 48 Defendant's Motion for More Definite Statement is accordingly DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 7/10/2026. No attached document. (jad)
Personal Inj. Prod. Liability | Missouri Western
Designation of Neutral - Mediation and Assessment Program
DESIGNATION OF NEUTRAL naming Jack Bangert(Haden, Brent)
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