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O'Quinn v. Ruebhausen

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 10, 2006

JEFFREY O'QUINN, PLAINTIFF,
v.
DAVE RUEBHAUSEN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is defendant Ruebhausen's motion for a more definite statement, pursuant to Federal Rule of Civil Procedure 12(e). (Doc. 15). Plaintiff has not responded.

If a pleading is so "vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading," the Court may require a more definite statement to be filed, pursuant to Federal Rule of Civil Procedure 12(e). Although the complaint has passed through the Court's threshold review, a review of the complaint reveals that it does lack sufficient detail. More specifically: (1) reference dates are missing from paragraphs 3, 4 and 13; (2) paragraph 4 fails to specify who allegedly pulled a gun on plaintiff; and (3) paragraph 13 pertains to a search for a gun, but does not indicate the location of the search. Plaintiff must provide defendant with these details to enable defendant to form a responsive pleading.

Defendant's arguments attacking the legal viability of some of plaintiff's claims must be addressed in a separate dispositive motion. See Local Rule 7.1.

IT IS THEREFORE ORDERED that defendant Ruebhausen's motion for a more definite statement (Doc. 15) is GRANTED IN PART AND DENIED IN PART.

On or before May 26, 2006, plaintiff O'Quinn shall file a "More Definite Statement" clearly providing the details enumerated above, as requested in the motion for a more definite statement (Doc. 15). Failure to comply with this order may result in plaintiff's complaint being stricken-- meaning that plaintiff's case would be dismissed.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20060510

© 1992-2006 VersusLaw Inc.



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