Granado v. Warden

1 Citing case

  1. Boulanger v. Marriott Int'l

    CIV 21-0315 JB/JHR (D.N.M. May. 31, 2023)

    At minimum a plaintiff must “explain what each defendant did to him or her; when the defendant did it; how the defendant's action harmed him or her; and, what specific legal right the plaintiff believes the defendant violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d at 1163. See Suttman-Villars v. Argon Med. Devs., Inc., 553 F.Supp.3d 946, 955 (D.N.M. 2021)(Gonzales, J.)(citing Granado v. FNU LNU, No. 16-CV-00859-KG-SCY, 2016 WL 9819528, at *4 (D.N.M. October 25, 2016)(Gonzales, J.))(concluding that the plaintiff violated rule 8(a)(2) where the complaint did not give the defendant fair notice of the applicable claims and instead put the burden of identifying the plaintiff's claims on the defendants, because the complaint referred to “defendants” collectively); Estate of Gonzales v. AAA Life Ins. Co., No. CIV 11-0486 JB/WDS, 2012 WL 1132332, at *18 (D.N.M. March 28, 2012)(Browning, J.)(concluding that the plaintiff's complaint violated rule 8(a)(2) where the plaintiff asserted violations of the Unfair Insurance Practices Act, N.M.S.A §§ 59-A-16-1 to 59A-16-30, in general, but did not “attempt to set forth the elements of a specific statutory cause of action under the Unfair Insurance Practices Act, a lengthy statute with comprehensive insurance regulations that contains approximately thirty-six different statutory sections” and additional subsections