ARENA LAND & INV. CO., INC. v. PETTY 69 F.3d 547 (10th Cir. 1995) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY PURPOSE: Arena Land discusses one set of circumstances for granting defendant’s motion to dismiss the plaintiff’s complaint. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY CAUSE OF ACTION: Arena sued alleging securities law violations, among other claims. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY FACTS: Federal district court dismissed Arena’s 1st complaint, 2nd amended complaint, and 3rd amended complaint for failure to comply with Rules 8 and 9 of the Federal Rules of Civil Procedure, which require a short and plain statement of the claim entitling plaintiff to relief. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY ISSUES: Was the district court correct in dismissing plaintiff’s third amended complaint with prejudice? Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY HOLDING: Yes. The district court was correct in dismissing the complaint with prejudice (overly long while failing to include all elements necessary to plaintiff’s claims). Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

Copyright 2007 Thomson Delmar Learning. ARENA LAND v. PETTY REASONING: The purpose of Rules 8 and 9 of the Federal Rules of Civil Procedure is to provide defendant with notice of the plaintiff’s claims against the defendant. The third amended complaint is wordy, contains grammatical and structural problems, and includes legal conclusions unsupported by facts. The complaint fails to provide defendant with notice of plaintiff’s claims. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.