Opinion
CIVIL ACTION NO. 08-00652.
March 16, 2009
ORDER
Before the Court is Defendants' "Motion for More Definite Statement and Motion to Dismiss." (Doc. 9). Defendants argue that the lack of specificity in Plaintiff's original complaint should compel this Court to dismiss its fraud claims outright. In light of Plaintiff's amended complaint (Doc. 15) that accompanied its opposition to Defendants' Motion, Defendants' arguments are moot. The amended complaint alleges with sufficient "particularity" Plaintiff's claims of fraud under Federal Rule of Civil Procedure 9(b). See Carroll v. Fort James Corp., 470 F.3d 1171, 1174 (5th Cir. 2006) (requiring plaintiffs to "plead enough facts to illustrate "the `who, what, when, where, and how' of the alleged fraud").
Accordingly, Defendants' Motion is DENIED.