Free Motion for More Definite Statement - District Court of Delaware - Delaware

Case 1:08-cv-00269-JJF

Document 3

Filed 05/13/2008

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BAYHEALTH MEDICAL CENTER Plaintiff, v. JOHN GARBINSKI, Defendant/Third-Party Plaintiff, v. MARGIE MACLEISH, Third-Party Defendant. : : : : : : : : : : : : : : : :

Civil Action No. 08-cv-269-UNA

THIRD-PARTY DEFENDANT MACLEISH'S MOTION FOR A MORE DEFINITE STATEMENT OR, IN THE ALTERNATIVE, TO DISMISS FOR FAILURE TO STATE A CLAIM COMES NOW, Third-Party Defendant Margie MacLeish, by and through her undersigned counsel, Colm F. Connolly, United States Attorney, and Seth M. Beausang, Assistant United States Attorney, and moves the Court pursuant to Fed. R. Civ. P. 12(e) to require Third-Party Plaintiff John C. Garbinski to make a more definite statement. In the alternative, Garbinski's Third-Party Complaint should be dismissed. In support of the Motion, the Court is respectfully referred to the accompanying Memorandum of Points and Authorities. A proposed Order is attached hereto.

Case 1:08-cv-00269-JJF

Document 3

Filed 05/13/2008

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DATED: May 13, 2008. Respectfully submitted, COLM F. CONNOLLY United States Attorney By: /s/ Seth M. Beausang Seth M. Beausang (De. I.D. No. 4071) Assistant United States Attorney 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, DE 19899-2046 (302) 573-6277 Attorney for Third-Party Defendant

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Case 1:08-cv-00269-JJF

Document 3

Filed 05/13/2008

Page 3 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE BAYHEALTH MEDICAL CENTER Plaintiff, v. JOHN GARBINSKI, Defendant/Third-Party Plaintiff, v. MARGIE MACLEISH, Third-Party Defendant. : : : : : : : : : : : : : : : :

Civil Action No. 08-cv-269-UNA

ORDER AND NOW, this _____ day of _____________, 2008, upon consideration of Third-Party Defendant Margie MacLeish's Motion For A More Definite Statement Or, In The Alternative, To Dismiss For Failure To State A Claim, and all papers filed in support thereof and opposition thereto, it is ORDERED that MacLeish's Motion is GRANTED. Garbinski must file an amended complaint alleging facts and a legal basis for any claim against MacLeish. IT IS SO ORDERED.

________________________________________ UNITED STATES DISTRICT JUDGE

Case 1:08-cv-00269-JJF

Document 3

Filed 05/13/2008

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CERTIFICATE OF SERVICE I, Seth M. Beausang, hereby attest under penalty of perjury that on this 13th day of May, 2008, I directed that two copies of the Third-Party Defendant's Motion For A More Definite Statement or, In The Alternative, To Dismiss For Failure To State A Claim, Memorandum of Points and Authorities in support thereof, and proposed Order, be sent to the following pro se Plaintiff by First Class Mail: John Garbinski 1419 Wharton Drive Newark, DE 19711 and the following counsel for Bayhealth Medical Center by First Class Mail: Alexander William Funk, Esauire Hudson, Jones, Jaywork & Fisher 225 South State Street Dover, Delaware 19901

/s/ Seth M. Beausang Assistant United States Attorney