Busby v. Palmer

Full title: TED BUSBY, ET AL. v. KEITH PALMER D/B/A PALMER CONSTRUCTION

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Jul 18, 2017

CIVIL ACTION NO. 3:17-0494 (W.D. La. Jul. 18, 2017)

Opinion

CIVIL ACTION NO. 3:17-0494

07-18-2017

TED BUSBY, ET AL. v. KEITH PALMER D/B/A PALMER CONSTRUCTION

JUDGE ROBERT G. JAMES

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein [Doc. No. 19], finding that the Magistrate Judge correctly stated and applied the law, and noting the lack of objections to the Report and Recommendation,

IT IS ORDERED, ADJUDGED, AND DECREED that Defendant's Motion to Dismiss [Doc. No. 9] is CONVERTED to a Motion for a More Definitive Statement pursuant to Federal Rule of Civil Procedure 12(e). The converted motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED to the extent that Defendant moves for a more definite statement regarding "when" and "where" the allegedly fraudulent statements were made. The motion is otherwise DENIED.

IT IS FURTHER ORDERED that Plaintiffs must amend their Complaint within thirty (30) days of the date of this Judgment to allege their fraud claims with more particularity. If Plaintiffs fail to do so, their fraud claims will be dismissed.

MONROE, LOUISIANA, this 18^th day of July, 2017.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE