Sell v. The Hertz Corporation, No. 2:2009cv00147 - Document 14 (D. Utah 2009)
Court Description: MEMORANDUM DECISION denying as moot 6 Motion for More Definite Statement. Signed by Judge Ted Stewart on 04/06/2009. (asp)
Download PDF
<![CDATA[
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION MICHAEL SELL, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING AS MOOT DEFENDANT S RULE 12(e) MOTION FOR A MORE DEFINITE STATEMENT vs. THE HERTZ CORPORATION, Case No. 2:09-CV-147 TS Defendant. This matter is before the Court on Defendant s Rule 12(e) Motion for a More Definite Statement. For the reasons discussed below, the Court will deny the Motion as moot. Defendant brings this Motion pursuant to Rules 9(b) and 12(e) of the Federal Rules of Civil Procedure. Defendant argues that Plaintiff s Fifth Cause of Action alleging fraud identif[ies] the what, but lack[s] the who, the when, the where, and the how required by Rule 9(b).1 1 Docket No. 7 (quoting United States ex rel. Sikkenga v. Regence Bluecross Blueshield of Utah, 472 F.3d 702, 727 (10th Cir. 2006) (quotation marks and citations omitted)). 1 Rather than oppose Defendant s Motion, Plaintiff has filed an Amended Complaint. Plaintiff s Amended Complaint removes his cause of action for fraud.2 As Defendant s Motion only sought a more definite statement of Plaintiff s fraud claim and that claim has been removed by the Amended Complaint, Defendant s Motion is now moot. It is therefore ORDERED that Defendant s Motion for a More Definite Statement (Docket No. 6) is DENIED AS MOOT. DATED April 6, 2009. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2 Docket No. 9. The Amended Complaint also removes a cause of action for negligent misrepresentation, but that amendment is irrelevant to this Motion. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
