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BLAKE v. CARTER, 6:15-cv-2085-Orl-37KRS. (2016)

Court: District Court, M.D. Florida Number: infdco20160203b34 Visitors: 9
Filed: Feb. 01, 2016
Latest Update: Feb. 01, 2016
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on the following: 1. Defendant's Counter Complaint (Doc. 17), filed January 11, 2016; and 2. Plaintiff's Motion to Dismiss "Counter Complaint" or, in the Alternative, for a More Definite Statement and Incorporated Memorandum of Law (Doc. 22), filed January 22, 2016. On January 11, 2016, Defendant filed a "Counter Complaint" against thirty four defendants, including Plaintiff (collectively, " Counter Defendants ").
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ORDER

This cause is before the Court on the following:

1. Defendant's Counter Complaint (Doc. 17), filed January 11, 2016; and

2. Plaintiff's Motion to Dismiss "Counter Complaint" or, in the Alternative, for a More Definite Statement and Incorporated Memorandum of Law (Doc. 22), filed January 22, 2016.

On January 11, 2016, Defendant filed a "Counter Complaint" against thirty four defendants, including Plaintiff (collectively, "Counter Defendants"). (Doc. 17.) In the Counter Complaint, which the Court construes as a counterclaim, Defendant merely claims that the Counter Defendants caused him: (1) defamation of character; (2) loss of income; and (3) mental and physical anguish ("Counterclaim"). (Id.) Plaintiff moves to dismiss the Counterclaim pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, for a more definite statement pursuant to Rule 12(e). (Doc. 22.)

Federal Rule of Civil Procedure 8(a)(2) provides that a claimant must plead "a short and plain statement of the claim." On a motion to dismiss pursuant to Rule 12(b)(6), the Court limits its consideration to "the well-pleaded factual allegations." La Grasta v. First Union Sec., Inc., 358 F.3d 840, 845 (11th Cir. 2004). The factual allegations in the complaint must "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). In making this plausibility determination, the Court must accept the factual allegations as true; however, this "tenet . . . is inapplicable to legal conclusions." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A pleading that offers mere "labels and conclusions" is therefore insufficient. Twombly, 550 U.S. at 555.

The Counterclaim lacks any supporting factual allegations and is otherwise noncompliant with the pleading standards of Rules 8(a) and 10(b). (See Doc. 17.) Accordingly, it is due to be dismissed.

CONCLUSION

Accordingly, it is hereby ORDERED AND ADJUDGED:

1. Plaintiff's Motion to Dismiss "Counter Complaint" or, in the Alternative, for a More Definite Statement and Incorporated Memorandum of Law (Doc. 22) is GRANTED. 2. Defendant's Counter Complaint (Doc. 17), which the Court construes as a Counterclaim, is DISMISSED WITHOUT PREJUDICE. 3. On or before Wednesday, March 2, 2016, Defendant may file an amended counterclaim that is compliant with the Federal Rules of Civil Procedure.

DONE AND ORDERED.

Source:  Leagle

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