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Pineiro v. Gemme et al

Opposition re MOTION to Strike 1 Complaint,,

12 Cited authorities

  1. Famolare, Inc. v. Edison Bros. Stores, Inc.

    525 F. Supp. 940 (E.D. Cal. 1981)   Cited 179 times
    Finding a Rule 12(e) motion proper "only where the complaint is so indefinite that the defendant cannot ascertain the nature of the claim being asserted"

  2. C.B. v. Sonora School Dist.

    691 F. Supp. 2d 1170 (E.D. Cal. 2010)   Cited 54 times
    Denying a motion to dismiss in case where it was alleged that a disabled minor's constitutional rights were violated after being placed in handcuffs and removed from school

  3. Boreri v. Fiat S.p.A.

    763 F.2d 17 (1st Cir. 1985)   Cited 93 times
    Refusing to review on interlocutory appeal District Court order involving extra-territorial discovery

  4. San Bernardino Public Employees Ass'n v. Stout

    946 F. Supp. 790 (C.D. Cal. 1996)   Cited 51 times
    Stating that a policy prohibiting certain county employees from releasing to anyone not authorized to have it any information acquired while at work and prohibiting employees from speaking to the media about matters pertaining to the division "appear[ed] facially to constitute an impermissible prohibition on protected speech," but not deciding the issue

  5. Davison ex rel. Sims v. Santa Barbara High School Dist.

    48 F. Supp. 2d 1225 (C.D. Cal. 1998)   Cited 45 times
    Holding that a school official's refusal to respond to student's complaints of peer racial discrimination satisfied "intentional discrimination" sufficient to withstand a motion to dismiss

  6. Ross-Simons of Warwick, Inc. v. Baccarat, Inc.

    182 F.R.D. 386 (D.R.I. 1998)   Cited 31 times
    Concluding without analysis that entitlement to punitive damages "is more appropriately resolved by the motion to dismiss for failure to state a claim upon which relief can be granted"

  7. Green v. Commonwealth

    108 F.R.D. 217 (D. Mass. 1985)   Cited 46 times
    Finding that dismissal is appropriate for "complaints which ramble, which needlessly speculate, accuse and condemn, and which contain circuitous diatribes far removed from the heart of the claim"

  8. Lynch v. Ramsey

    CIVIL ACTION NO. 10-3436 (E.D. Pa. Nov. 4, 2010)   Cited 6 times
    Finding plaintiff's bare allegation that Ramsey "acquiesced to or approved and adopted [the actions of the supervisor defendants] as his own action" was insufficient to state a claim for supervisory liability under § 1983

  9. Corey v. Look

    641 F.2d 32 (1st Cir. 1981)   Cited 32 times
    Holding that concerted action by city officials and a parking lot operator designed to subvert normal commercial bidding and exclude the plaintiff violated Section One of the Sherman Act

  10. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."