Elawyers Elawyers
Washington| Change

Martin v. Ogeechee Area Hospice, Inc., CV 619-064. (2019)

Court: District Court, S.D. Georgia Number: infdco20190916682 Visitors: 6
Filed: Sep. 13, 2019
Latest Update: Sep. 13, 2019
Summary: ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Defendant's Motion for More Definite Statement. Defendant seeks the exact weeks Plaintiff claims she was not properly compensated for overtime. Rule 12(e) states that: A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading . . . .
More

ORDER

Before the Court is Defendant's Motion for More Definite Statement. Defendant seeks the exact weeks Plaintiff claims she was not properly compensated for overtime. Rule 12(e) states that:

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading . . . .

Fed. R. Civ. P. 12(e).

Plaintiff's Complaint provides fair notice to Defendant of her claims and is not so ambiguous or vague that a party could not frame a responsive pleading. In fact. Defendant filed an Answer admitting that Plaintiff worked as an hourly employee for more than forty hours in a workweek within the past three years. (Answer, Doc. 7, ft 17-21.) Additionally, Defendant filed its answer before its motion for a more definite statement.

IT IS THEREFORE ORDERED that Defendant's Motion for More Definite Statement (Doc. 12) is DENIED.

ORDER ENTERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer