Ames v. Department of Marine Resources Commissioner

256 F.R.D. 22, 2009 U.S. Dist. LEXIS 17386
CourtDistrict Court, D. Maine
DecidedMarch 6, 2009
DocketCivil No. 8-289-B-H
StatusPublished
Cited by2 cases

This text of 256 F.R.D. 22 (Ames v. Department of Marine Resources Commissioner) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ames v. Department of Marine Resources Commissioner, 256 F.R.D. 22, 2009 U.S. Dist. LEXIS 17386 (D. Me. 2009).

Opinion

ORDER ON MOTIONS FOR A MORE DEFINITE STATEMENT

(Doc. Nos. 109, 110, 113, 114, 115)

MARGARET J. KRAVCHUK, United States Magistrate Judge.

Victor Ames, a resident of the Island of Matinieus, is a licensed lobster fisherman. He has filed a civil law suit and in his amended complaint he has named twenty-three defendants, insisting that they conspired against him to exclude him from harvesting in the Matinieus waters, converted his lobster traps, and confiscated his fishing gear. Paragraph 10 of the amended complaint alleges:

“The Matinieus Island Fishermens Group” (sometimes herein referred to as “the Group[ ]”[) ] is an association of fisherman who claim ancestral rights to fish in the delineated lobster rich waters of Ma-tinicus Waters by reason of land ownership, tax paying on land ownership, and by relationship to the Island inhabitants, and is a collusive combination and conspiratorial group of fisherman all of whom claim exclusive rights to the Group to fish in the waters off Matinieus Island and all of whom at all times material hereto have acted under the tacit or express protection of the State Defendants.

(Am. Compl. ¶ 10.) When compared to the previous Paragraph 10, plaintiffs counsel seems to be approaching this as a creative writing exercise rather than as an amendment that adds substance to his claim.

Also relevant to the present motion, Paragraph 37 (once 35) of the amended complaint describes the following confrontation:

On about May 26, 2006, Frankie Thompson, while tending the Plaintiffs Lobster traps in “Hurricane Sound,” was surrounded by several lobster fishing boats and lobstermen from the Matinieus Island Fishermen’s Group and advised by Defendants Lavon “Biscuit” Ames, Dennis Young, and several others of the Group, that if he were to be found in “Matinieus Waters” again that they would “destroy all his gear on Vinalhaven Island, and anywhere else, if he ever came to Matinieus Island again ...” and that “(W)e haven’t decided what we are going to do with Victor Ames yet.” (Sometimes referred to herein as “the Hurricane Island incident.”)

(Am.Compl^ 37.)1

Pending are five motions for a more definite statement. Three of the motions are filed by the same defense counsel on behalf of Troy Ames (Doc. No. 113), Clayton Phil-brook (Doc. No. 114), and Robert Young (Doc. No. 115). These motions/memoranda are brief and substantially identical. Victor Ames has filed a consolidated response to these motions. (Doc. No. 122.) One of the motions is filed on behalf of three defendants: Ira Miller, Julie Miller, and Jamie Keizer (Doc. No. 110) regarding which Victor Ames has filed an opposition (Doe. No. 124). And Vance Bunker has filed a motion (Doc. No. 109), which Victor Ames has opposed (Doc. No, 123), and Bunker has filed a reply (Doc. No. 129).

Discussion

I addressed in an earlier recommended decision a motion to dismiss by Defendant Robert Young.2 Therein I indicated:

So, while I recommend denying Robert Young’s motion to dismiss in its entirety, I add the following observations. As the complaint currently stands, the allegations tying Robert Young to the specific actions underlying the theories of liability in this [24]*24case do appear “remote and unlikely.” Scheuer, 416 U.S. at 236, 94 S.Ct. 1683. Ames’s response to the motion to dismiss does not shed a great deal of light on how he envisions factually supporting his theories of liability as to Robert Young. This case is racking up docket entries at a quick rate, multiple defendants have filed separate answers, and Ames, although already faced with four motions to dismiss for failure to state a claim, has not attempted to amend his complaint to respond to any of the alleged deficiencies for some of these outlying’ defendants. For his part, Robert Young had the right to file a motion for a more definite statement which would have given the Court an opportunity to better weigh the current issue of the adequacy of Ames’s case for holding Young liable as a conspirator. Ames has now insisted in his response to the motion to dismiss that he has a good faith basis for naming Robert Young as a defendant that extends beyond his residency on Matinicus Island, his membership in a group of fishermen, and a statement he made almost one year after the events giving rise to the claims in the complaint. Young could have responded to this complaint by invoking Rule 12(e) of the Federal Rules of Civil Procedure and seeking a more definite statement, but he chose not to do so. Instead, Young filed an omnibus motion to dismiss providing only skeletal legal argument. Ames has responded to the motion by pointing the court to various paragraphs of the complaint that he claims encompass Robert Young’s actions. I am simply not convinced that the complaint in its entirety fails to state any claim against Young upon which relief could be granted, most especially as it relates it counts eight and nine of the complaint.

Ames v. Dept. of Marine Resources Comm’r, Civ. No. 08-289-B-H, 2008 WL 5050159, *6 (D.Me. Nov. 19, 2008)(recommended decision), ajfd, Doc. No. 99 (“The Complaint has now been amended so any issue about a more definite statement needs to be addressed in the context of the Amended Complaint. Counsel should confer among themselves and with the Magistrate Judge about how to schedule further proceedings.”).

Federal Rules of Civil Procedure Rule 12(e) provides:

Motion for a More Definite Statement.
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

Fed.R.Civ.P. 12(e).

Counter to Ames’s insistence that these motions are wolves dressed in sheep’s clothing in that they are really backdoor discovery attempts,3 the First Circuit has indicated that in appropriate circumstances Rule 12(e) motions are an acceptable way of managing complaints such as this. See Jordan v. Carter, 428 F.3d 67, 75 (1st Cir.2005); LaLonde v. Textron, Inc., 369 F.3d 1, 6 n. 10 (1st Cir.2004); Mihos v. Swift, 358 F.3d 91, 106 n. 12 (1st Cir.2004).

The Motions

A. Motion by Defendant Vance Bunker (Doc. No. 109)

Vance Bunker’s motion for a more definite statement characterizes the complaint and amended complaints as the kind of “shot gun pleadings” addressed by the Eleventh Circuit in Magluta v. Samples,

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Bluebook (online)
256 F.R.D. 22, 2009 U.S. Dist. LEXIS 17386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-department-of-marine-resources-commissioner-med-2009.