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J. E. Adjuster, Inc. v. Fountain Group, L.L.C.

United States District Court, W.D. Louisiana, Alexandria Division
Mar 16, 2009
CIVIL ACTION NO. 08-00652 (W.D. La. Mar. 16, 2009)

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.


Summaries of

J. E. Adjuster, Inc. v. Fountain Group, L.L.C.

United States District Court, W.D. Louisiana, Alexandria Division
Mar 16, 2009
CIVIL ACTION NO. 08-00652 (W.D. La. Mar. 16, 2009)
Case details for

J. E. Adjuster, Inc. v. Fountain Group, L.L.C.

Case Details

Full title:J. E. ADJUSTER, INC. v. FOUNTAIN GROUP, L.L.C., et al

Court:United States District Court, W.D. Louisiana, Alexandria Division

Date published: Mar 16, 2009

Citations

CIVIL ACTION NO. 08-00652 (W.D. La. Mar. 16, 2009)