Opinion
Civil Action No. 11-cv-02292-CMA-KLM
11-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAMES D. WELCH, AMRA WELCH, as nominee/alter ego of James D. Welch, JAMES D. WELCH, as Executive Trustee of Celestial Pursuits Trust, CIT GROUP/EQUIPMENT FINANCING, INC., and COLORADO DEPARTMENT OF REVENUE, Defendants.
Judge Christine M. Arguello
ORDER REGARDING MOTION FOR MORE DEFINITE STATEMENT
AND MOTION TO STRIKE/DISMISS
Before the Court are Defendant Welch's Motion for a More Definite Statement (Doc. # 7) and Motion to Strike/Dismiss (Doc. # 8). Upon review of these motions and the case file, the Court finds as follows:
Defendant's Motion for a More Definite Statement (Doc. # 7) is without merit. Such motions are proper where the plaintiff's pleading is "so vague or ambiguous that the party cannot reasonably prepare a response." Fed. R. Civ. P. 12(e). Here, the Court determines that the Government's Complaint (Doc. # 1) puts forward "specific, nonconclusory factual allegations," Crawford-El v. Britton, 523 U.S. 574. 598 (1998), which are neither vague nor ambiguous. Thus, Defendant's Motion for a More Definite Statement (Doc. # 7) is DENIED.
Similarly, Defendant's Motion to Strike/Dismiss (Doc. # 8) is also unavailing. Defendant cites Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009), but fails to argue convincingly that the Government has not "state[d] a claim to relief that is plausible on its face." Having reviewed the Complaint (Doc. # 1) and Defendant's Motion, the Court is unable to discern any pleading deficiencies under Fed. R. Civ. P. 8 or Iqbal. Accordingly, Defendant's Motion to Strike/Dismiss (Doc. # 8) is DENIED.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge