McKendall v. U.S. Army Corps of Engineers New Orleans District, No. 2:2015cv02631 - Document 15 (E.D. La. 2016)
Court Description: ORDER AND REASONS DENYING WITHOUT PREJUDICE 7 MOTION to Dismiss and 13 MOTION to Dismiss or in the Alternative, MOTION for More Definite Statement. Signed by Judge Susie Morgan. (bwn)
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McKendall v. U.S. Army Corps of Engineers New Orleans District Doc. 15 U N ITED S TATES D ISTRICT COU RT EASTERN D ISTRICT OF LOU ISIAN A LARRY J. MCKEN DALL, Plain tiff CIVIL ACTION VERSU S N O. 15 -2 6 3 1 U .S. ARMY CORPS OF EN GIN EERS, N EW ORLEAN S D ISTRICT, D e fe n d an t SECTION : “E”( 2 ) ORD ER AN D REAS ON S Before the Court are two m otions to dism iss filed by the Defendant, the United States Arm y Corps of Engineers, New Orleans District. 1 For the reasons that follow, the m otions are D EN IED W ITH OU T PREJU D ICE. On J uly 16, 20 15, Plaintiff Larry McKendall filed a Com plaint against the United States Arm y Corps of Engineers, New Orleans District (the “Defendant”). On October 21, 20 15, the Defen dant filed a m otion to dism iss the Com plaint under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. 2 Plaintiff did not file a response to the m otion but, instead, filed a m otion to am end his Com plaint, 3 which the Magistrate J udge granted on Decem ber 3, 20 15. 4 The Defendant then filed a second m otion to dism iss, based on the Am ended Com plaint, on Decem ber 22, 20 15. 5 After a review of Plain tiff’s Am ended Com plaint, it is unclear whether Plaintiff is still m aking the claim s asserted in his Original Com plaint and is sim ply adding new, additional claim s in his Am en ded Com plain t, or whether Plaintiff is just m aking the claim s as stated in his Am ended Com plaint. Furtherm ore, all of Plaintiff’s claim s, in both 1 R. Docs. 7, 13. R. Doc. 7. 3 R. Doc. 10 . 4 R. Doc. 12. 5 R. Doc. 13. 2 1 Dockets.Justia.com his Original Com plaint and his Am ended Com plaint, are vague and am biguous. Rule 8 (a)(2) of the Federal Rules of Civil Procedure provides: “A pleading that states a claim for relief m ust contain . . . a short and plain statem ent of the claim showing that the pleader is entitled to relief.” Neither Plaintiff’s Original Com plaint nor his Am ended Com plaint satisfy the requirem ents of Rule 8 (a)(2). Accordingly; Plaintiff is hereby granted leave to file a Second-Am en ded Com plaint. IT IS ORD ERED that Plaintiff file his Second-Am ended Com plaint no later than Mo n d ay, Ma rch 2 1, 2 0 16 , at 5:0 0 p .m . Plaintiff’s Second-Am ended Com plaint m ust include a clear and concise listing of all claim s which Plaintiff is m aking from his Original Com plaint and Am ended Com plaint against the Defendant, the United States Corps of Engineers, New Orleans District. Extraneous facts and com m ents, including parables and stories, m ust be excluded. Furtherm ore, references to com plaints against other entities not m ade defendants m ust be excluded. Plaintiff will not be given an additional opportunity to am end his Com plaint, absent good cause shown. Failure to clearly and concisely delineate all claim s against the United States Corps of Engineers, New Orleans District, as set forth above, will result in the dism issal of Plaintiff’s claim s. IT IS FU RTH ER ORD ERED that the Defendant’s m otions to dism iss 6 Plaintiff’s Original and Am ended Com plaints are hereby D EN IED W ITH OU T PREJU D ICE. The Defendant m ay file a m otion to dism iss based on Plaintiff’s Secon d-Am ended Com plaint no later than Tu e s d ay, Ap ril 5, 2 0 16 , at 5 :0 0 p .m . 6 R. Docs. 7, 13. 2 N e w Orle a n s , Lo u is ian a, th is 7th d ay o f March , 2 0 16 . __________ __ __________________ SU SIE MORGAN U N ITED S TATES D ISTRICT J U D GE 3
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