1. ARENA LAND & INV. CO., INC. v. PETTY 69 F.3d 547 (10th Cir. 1995)
Case Brief
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ARENA LAND v. PETTY
PURPOSE: Arena Land discusses one set of circumstances for granting defendant’s motion to dismiss the plaintiff’s complaint.
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ARENA LAND v. PETTY
CAUSE OF ACTION: Arena sued alleging securities law violations, among other claims.
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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.
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ARENA LAND v. PETTY
ISSUES: Was the district court correct in dismissing plaintiff’s third amended complaint with prejudice?
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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).
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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.
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