HomeMy WebLinkAbout2020CV115 - STACY LYNNE V. NOAH BEALS AND THE CITY OF FORT COLLINS - 008 - ORDERDistrict Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
COURT USE ONLY
STACY LYNNE,
Plaintiff,
vs.
NOAH BEALS and CITY OF FORT COLLINS,
Defendants.
Case No.: 2020 CV 115
Courtroom: 3B
ORDER
This matter comes before the Court sua sponte under Colo. R. Civ. P. 12(h). that rule provides,
in relevant part, as follows: "upon the court's own initiative at any time, the court may order any
redundant, immaterial, impertinent, or scandalous matter stricken from any pleading, motion, or other
paper." Id. Given the prolix and verbose nature of Plaintiff's complaint, the Court finds it necessary
to invoke Rule 12(h).
Under Colo. R. Civ. P. 8(a)(2), a complaint must contain "a short and plain statement of the
claim showing that the pleader is entitled to relief." A complaint with "excessive legal argument and
conclusions interspersed with factual allegations" violates Colo. R. Civ. P. 8. Wyoming v. United States,
279 F.3d 1214, 1222 n.7 (10th Cir. 2002); Guinn v. Jeffco Combined Courts, No. 12-cv-01887-PAB-BNB,
2012 U.S. Dist. LEXIS 188179, at *3 (D. Colo. Sep. 27, 2012) (legal arguments are "not appropriately
included in a complaint.").
The Court has reviewed the complaint and given the above legal authority, finds that it violates
Rule 8. Plaintiff's complaint, which is 23 pages long, without any numbered paragraphs, reads like a
legal brief. Given the complaint's brief-like nature and excessive legal argument, the Court orders
DATE FILED: February 25, 2020 8:52 AM
CASE NUMBER: 2020CV115
Plaintiff to file an amended complaint that complies with Rule 8 within 21 days from the date of this
Order.
The complaint shall not contain legal argument, shall be double-spaced, shall avoid prolixity,
and shall contain numbered paragraphs detailing factual allegations that are intended to support
Plaintiff's claim for relief. While a complaint must contain sufficient factual allegations to allege
plausible claims for relief, Warne v. Hall, 373 P.3d 588, 589-90 (Colo. 2016), it can't be a legal brief.
The Court understands that Plaintiff has things to say, but she must wait to say those things
in a legal brief. It behooves Plaintiff to write a short, brief complaint with sufficient (and clear) factual
allegations to tell the Court (and the public) what Plaintiff seeks.
SO ORDERED on this 25th day of February, 2020.
BY THE COURT:
_________________________
JUAN G. VILLASEÑOR
District Court Judge