Jordan v. Dick Simon Trucking

Full title: ERVIN JORDAN, Plaintiff, v. DICK SIMON TRUCKING, et al., Defendants

Court: United States District Court, M.D. Pennsylvania

Date published: May 9, 2005

Civil Action No. 1:04-CV-2738 (M.D. Pa. May. 9, 2005)

Opinion

Civil Action No. 1:04-CV-2738.

May 9, 2005

ORDER

CHRISTOPHER CONNER, District Judge

AND NOW, this 9th day of May, 2005, upon consideration of defendants' unopposed motion (Doc. 4) to strike the ad damnum clause from the complaint, and it appearing that the clause sets forth unliquidated damages in a sum certain, see L.R. 8.1 ("The demand for judgment required in any pleading in any civil action . . . shall not claim any specific sum where unliquidated damages are involved."); see also R.S.E., Inc. v. Pennsy Supply, Inc., 77 F.R.D. 702, 702 (M.D. Pa. 1977) (stating that ad damnum clause should be stricken where "juror prejudice may ensue from the allegations of `purely arbitrary figures'"); 5 CHARLES ALAN WRIGHT ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 1259 (3d ed. 2004) (stating that specific demand may "improperly influence" the jury or cause "other indirect injury" to the defendant), it is hereby ORDERED that the motion (Doc. 4) is GRANTED and the ad damnum clause is STRICKEN from the complaint.