Opinion
Civil Action No. 00-0530 Section C(4).
May 19, 2000.
On April 24, 2000, the defendant, Sergei J. Hillery, filed a Motion for a More Definite Statement (doc# 3) seeking to have the Court order the plaintiff to amend its complaint the allegations in the complaint are conclusory and vague.
I. Factual Summary
The plaintiff, the Louisiana Acorn Fair Housing Organization (ACORN) filed suit against Sergei J. Hillery d/b/a the Lorraine Apartments alleging that the defendant "discriminated against housing applicants by refusing to show or make available dwellings because of the applicants disability" pursuant to the Fair Housing Act, 42 U.S.C. § 3601 and the Louisiana Open Housing Act, La. Rev. Stat. 51:6601 et. seq. ACORN, an organization created to promote fair housing alleges, that it has suffered damages because of the defendants refusal to accommodate disabled applicants. The complaint does not identify the applicants who were refused access to the defendant's property.
The plaintiff further alleges that the defendant refused to accommodate or has not made its apartments available to disabled applicants who have sought to rent the property located at 8000 St. Charles Avenue in New Orleans.
II. Analysis
Federal Rules of Civil Procedure Rule 12(e) provides that a Motion for a More Definite Statement is proper only "if a pleading . . . is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading." The motion must point out the defects complained of and the details desired. Fed.R.Civ.P. Rule 12(e).
In light of the liberal discovery available under the federal rules, motions to make more definite and certain are disfavored See, e.g., Geir v. Educational Service Unit No. 16, 144 F. R. D. 680, 685 (D. Neb. 1992). Rule 8 only requires a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. Rule 8. If a pleading meets the requirements of Rule 8 and fairly notifies the opposing party of the nature of a claim, then a motion for a more definite statement will not be granted. See Roberts v. Walmart Stores, Inc., 736 F. Supp. 1527, 1530 (E.D. Mo. 1990).
The defendant contends that the plaintiff does not allege the date on which each act of discrimination occurred or the nature of the alleged disability involved for each applicant. See Movers Supporting Memorandum Page 2. The defendant, also relying on Eisenach v. Miller Dawn Medical Center, 162 F. R. D. 346 (D. Minn. 1995) contends that the case should include the claimed disability of each and every applicant who was allegedly discriminated against and the dates on which each act of discrimination occurred.
The plaintiff contends that the detail which the defendant seeks is more appropriately obtained during the discovery process. The plaintiff further contends that its claim is clear and states a claim of disability discrimination based upon the statutes referenced in the complaint. The plaintiff further contends that the defendant can form an answer to the complaint without additional information.
Pleadings in civil rights cases should generally be liberally construed. However, they must contain more than mere conclusory statements. Anderson v. Sixth Judicial District Court of St. Louis County, 521 F.2d 40 (8th Cir. 1974). The plaintiff's allegations are unclear regarding the defendant's wrongful conduct. They also do not fairly state the nature of the disabilities which the defendant refuses to accommodate. It further does not state by what right the plaintiff can file the action on behalf of disabled individuals who were denied access to the defendant's rental property. The complaint lacks the factual specificity required to give the defendant fair notice of the nature of its claim for a "willful" housing violation.
Therefore, the plaintiff is required to file and serve an Amended Complaint on the defendant. The complaint shall provide a short and plain statement of the nature of the claim, including a brief recitation of facts concerning the actions the defendant engaged in which resulted in the alleged "willful" housing violation.
IT IS HEREBY ORDERED that the defendant's Motion for a More Definite Statement (doc #3) is GRANTED.
IT IS FURTHER ORDERED that within 20 days of this order, the plaintiff shall file and serve the Amended Complaint upon he defendant.