Zachary Arias v. Bruce Newman, et al.

Summary

The United States District Court for the District of Colorado strikes Plaintiff Zachary Arias’s Second Amended Complaint for continuing to use impermissible group pleading and failing to specify the conduct attributable to each defendant. The court terminates the pending motions to dismiss as moot and grants Plaintiff one final opportunity to file an amended pleading complying with Federal Rule of Civil Procedure 8 by March 13, 2026.

Holdings

1. A complaint does not satisfy Rule 8 when it refers to multiple defendants collectively or lists their names without distinguishing the conduct allegedly undertaken by each individual defendant.
2. Because the Second Amended Complaint failed to cure the previously identified pleading deficiencies, the court struck it, terminated the pending motions to dismiss as moot, and allowed one final opportunity to amend.

Questions Presented

1. Whether the Second Amended Complaint complied with Rule 8 when it attributed alleged conduct to defendants collectively or by listing their names without specifying each defendant's individual actions.
2. Whether the Second Amended Complaint should be stricken and the pending motions to dismiss terminated as moot.

Disposition

other