Eastern Fireproofing Co. v. United States Gypsum Co.
Eastern Fireproofing Co. v. United States Gypsum Co.
Opinion of the Court
This case comes up on the motion of one defendant for a more definite statement, and by both defendants to strike certain portions of the complaint. I am normally antipathetic to motions for particularization, and slow to grant motions to strike. However, the more I read this complaint, the more puzzled I am to know how the court is to guide itself, let alone how are the parties. The plaintiff has, with some semantic skill, laid a comprehensive foundation for proving anything and everything, including matters raising possible serious questions of joinder, and doubtful questions of law which might appropriately be considered.
The problems created by this complaint will have to be faced some time. If only for that reason, although there are more immediate ones that also appeal to me, I grant the motions to strike, with leave to the plaintiff to move to amend. Any motion to amend is to be filed by January 31st.
The motion for a more definite statement is not presently passed on. If, as seems possible, substantial amendments are offered as a result of the present order, some portions of that motion may become moot. Frankly, however, although I think the plaintiff might, without harm to itself and with some benefit to the cause of expedition, voluntarily approach some of the matters touched on in the motion, I doubt if I shall order it to.
• The time for both defendants to plead further is postponed until further order of court.
. For example, I would be loathe to permit conscious parallelism, which plaintiff suggested in argument it was driving at, to stand as a separate cause of action. Cf. Theatre Enterprises, Inc., v. Paramount, 346 U.S. 537, 74 S.Ct. 257, 98 L.Ed. 273.
Reference
- Full Case Name
- EASTERN FIREPROOFING CO., Inc. v. UNITED STATES GYPSUM COMPANY, National Gypsum Company
- Status
- Published