United States District Court, D. Colorado
Michael E. Hegarty, United States Magistrate Judge.
the Court is Defendant's Motion for More Definite
Statement [filed September 21, 2017; ECF No. 9]. The
Court finds that it requires no further briefing to
adjudicate the motion.
Court agrees with Defendant that the Complaint, as stated,
“fails to address the essential who, what, where, when,
why and how questions that make up the bare minimum
requirements of Rule 8's notice pleading standard, which
apply in this action now that it is pending in federal
court.” Mot. ¶ 3 (citing Fed.R.Civ.P. 8(a);
see also Bell Atl. Corp. v. Twombly, 550 U.S. 544
(2007), and Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (“[t]hreadbare recitals of the elements of a
cause of action, supported by mere conclusory statements, do
not suffice.”). Plaintiff's “Alias [Amended]
Notice of Claim, ” filed in the Combined Court for
Delta County, Colorado, states in its entirety:
Negligent enablement of Identity Fraud
Violation of the Fair Credit Reporting Act
ECF No. 1-2. Plaintiff seeks damages in the amount of $5,
000.00. Id. Although it appears the Plaintiff pleads
a violation that may be sufficient to assert this Court's
subject matter jurisdiction (i.e., the Fair Credit
Reporting Act), the Court finds the pleading is otherwise
“so vague and ambiguous that the [Defendant] cannot
reasonably prepare a response.” Fed.R.Civ.P. 12(e).
the Court will grant the motion as
follows. The Clerk of the Court is directed to
provide a form General Complaint with a copy of this order to
the Plaintiff for her completion. Plaintiff is directed to
the Court's website at www.cod.uscourts.gov for
instructions. See also “Guide to Civil
Lawsuits for Pro Se Parties.” The Plaintiff shall file her
General Complaint in this action on or before October
25, 2017. If the Plaintiff fails to comply with this
order, the Court may strike the pleading and/or dismiss the
action without further notice.
light of this order, the Scheduling Conference currently set
for October 23, 2017 is vacated and
rescheduled to November 20, 2017 at 10:45
a.m. in Courtroom A-501, on the fifth floor of the
Alfred A. Arraj United States Courthouse located at 90119th
Street, Denver, Colorado. If this date is not convenient, the
parties shall confer and contact my Chambers to obtain an
alternate date. All parties must be present if they wish to
change the conference date by telephone; otherwise, any party
seeking to change the conference date must file a motion.
Absent exceptional circumstances, no request for rescheduling
will be entertained unless made five business days
prior to the date of the conference.
whose offices are located outside of the Denver metropolitan
area may appear at scheduling conferences by telephone.
Please contact Chambers at (303) 844-4507 at least five
business days prior to the scheduling conference to arrange
appearance by telephone. Lawyers appearing by telephone must
ensure that the proposed Scheduling Order is filed
electronically and by email no later than five business days
prior to the scheduling conference, in accordance with the
instructions in this minute order.
further ORDERED that the parties shall complete and file
the Magistrate Judge Consent Form (ECF No. 5) on or before
October 31, 2017.
further ORDERED that counsel for the parties and any
unrepresented non-prisoner parties in this case are to hold a
meeting and jointly prepare a proposed Scheduling Order in
accordance with Fed.R.Civ.P. 26(f) on or before
October 30, 2017. Pursuant to Fed.R.Civ.P.
26(d), only requests pursuant to Fed.R.Civ.P. 34 may be
submitted before the Rule 26(f) meeting, unless otherwise
ordered or directed by the Court. Pursuant to Fed.R.Civ.P.
34(b)(2)(A), responses to such discovery requests must be
submitted no later than 30 days after the Rule 26(f) meeting,
unless the parties stipulate or the Court orders otherwise.
parties shall prepare the proposed Scheduling Order in
accordance with the form which may be downloaded from the
Standardized Order Forms section of the Court's website,
found at http://www.cod.uscourts.gov.
parties shall file the proposed Scheduling Order with the
Clerk's Office, and in accordance with District of
Colorado Electronic Case Filing (“ECF”)
Procedures, no later than five (5) business
days prior to the scheduling conference. The
proposed Scheduling Order is also to be submitted in a
useable format (i.e., Word ...