Opinion
3:06CV00158-WRW.
July 9, 2008
ORDER
Pending is Plaintiff's Motion For More Definite Statement (Doc. No. 81). Defendants have responded (Doc. No. 82). For the reasons set out below, Plaintiff's Motion is DENIED.
Plaintiff filed a Motion for More Definite Statement, asking the Court to order Defendants to provide more information in connection with Defendants' affirmative defenses.
Federal Rule of Civil Procedure 12(e) reads: "if a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading. . . ." Rule 7(a) of the Federal Rules of Civil Procedure provides that "[t]here shall be a complaint and an answer . . ." and that "[n]o other pleading shall be allowed, except that the court may order a reply to an answer. . . ." If a defendant plans on asserting affirmative defenses, the defendant must set out those defenses in its answer.
It is not necessary for a plaintiff to file a responsive pleading to a defendant's answer, even when the answer sets out affirmative defenses. Generally, a district court will order a reply to a defendant's answer only when the answer raises a new matter, or, for example, contains a counter-claim. An affirmative defense is adequately pled if it gives a plaintiff fair notice of the defense.
See Kansas-Nebraska Natural Gas Co. v. Village of Deshler, 192 F. Supp. 303 (D.C. Neb. 1960), affirmed 288 F.2d 717.
See 5 CHARLES ALAN WRIGHT ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 1185 (3d ed. 2004).
Mark v. Gov't Props. Trust, Inc., No. 8:06-CV-769, 2007 U.S. Dist. Lexis 25642, at *7 (D.C. Neb. April 5, 2007). "'Rule 8(c) merely requires affirmative defenses to be affirmatively set forth, but does not require even a short and plain statement.'" Id. at *8 (citing Conocophillips Co. v. Shaffer, No. 3:05-CV-7131, 2005 U.S. Dist. Lexis 20384, at *2 (N.D. Ohio Sept. 19, 2005)).
Defendants' Answer sets out several affirmative defenses. Defendants pled the affirmative defenses specifically enough to put Plaintiffs on notice of the defenses.
Doc. No. 12.
See Id.
Because Defendants adequately pled its affirmative defenses and a response to an answer is not necessary, Plaintiff's Motion For More Definite Statement (Doc. No. 81) is DENIED.
IT IS SO ORDERED.