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

Case 3:03-cv-00386-AWT

Document 33

Filed 02/20/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EUNICE SMITH, Plaintiff v. STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION, Defendant

: : : : : : : :

CIVIL ACTION NO. 3:03CV2222(AWT)

FEBRUARY 19, 2004

MOTION FOR MORE DEFINITE STATEMENT

The defendants move the Court for an Order directing the plaintiff to amend her complaint to allege substantive facts sufficient to permit the defendants an opportunity to know the factual basis for the claims by the plaintiff against each defendant, individually. In support of this Motion, the defendants provide the following: 1. On December 22, 2003, the plaintiff filed her complaint against the State of

Connecticut and two named state employees. 2. The complaint references claims under Title VII, and 42 U.S.C. §§ 1983 and 1985

for damages. The complaint also contains certain state law claims. 3. The complaint sets forth little, if any, factual allegations against the defendants

that describe the nature of the alleged wrongful conduct, the number of incidents, the date or dates when such conduct occurred, or in what capacities the defendants were acting. More specifically, in the first six counts, there is no differentiation of alleged conduct as between any of the defendants.

Case 3:03-cv-00386-AWT

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Filed 02/20/2004

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4.

Additionally, as a whole, the complaint contains paragraphs that make overly

vague references to "the defendants." 5. As currently pled, the defendants do not know what specific facts comprise the

alleged violation of constitutional law. 6. Without sufficient factual information, the defendants cannot prepare an

appropriate response, including a thorough evaluation of any conflicts of interest that could conceivably exist between them. WHEREFORE, for the reasons set forth in the accompanying brief in support of this motion, the defendants request a more definite statement setting forth the operative facts giving rise to each cause of action by the plaintiff against each defendant. DEFENDANT, STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_________________________________ Jane B. Emons Assistant Attorney General Federal Bar No. 16515 55 Elm Street - P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5340 Fax: (860) 808-5383 Email: [email protected]

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Case 3:03-cv-00386-AWT

Document 33

Filed 02/20/2004

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CERTIFICATION

I hereby certify that a copy of the foregoing Motion For More Definite Statement was mailed this 19th day of February, 2004, first class postage prepaid to: Francis A. Miniter, Esq. Miniter & Associates 147 Charter Oak Avenue Hartford, CT 06106

___________________________ Jane B. Emons Assistant Attorney General

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