Santos v. Dcf

Termont Superior Court
Filed 03/26/25
Washington Unit

VERMONT SUPERIOR COURT CIVIL DIVISION
Washington Unit Case No. 24-CV-04536
65 State Street
Montpelier VT 05602
802-828-2091
www.vermontjudiciary.org

Christopher Marchese Santos v Vermont DCF

ENTRY REGARDING MOTION
Title: Motion for More Definite Statement; Motion ; Motion For: Exploratory Motion
(Motion: 7; 8)
Filer: Christopher Marchese Santos; David R. Mclean
Filed Date: January 16, 2025; January 29, 2025

Plaintiff brings this action against Defendant seeking damages flowing from various,

unclearly delineated causes of action. Defendant has filed a motion for a more definite

statement. Vt. R. Civ. P. 12(e). Plaintiff has not opposed the motion but has filed a "motion for

exploratory motion." The Court makes the following determinations.

Vermont's Rule 12 parallels Federal Rule of Civil Procedure 12. "Motions pursuant

to Rule 12(e) are disfavored and should not be granted unless the complaint is so excessively

vague and ambiguous as to be unintelligible and as to prejudice the defendant seriously in

attempting to answer it." Greater N.Y. Auto. Dealers Ass'n v. Envil. Sys. Testing, Inc., 211

F.R.D. 71, 76 (E.D.N.Y. 2002). Typically, our Rules rely on discovery to flesh out the factual

details of a plaintiffs claim.

Nonetheless, the Court has wide discretion in whether to grant a motion for a more

definite statement. Kuklachev v. Gelfman, 600 F.Supp.2d 437, 456 (E.D.N.Y. 2009). Motions

for a more definite statement are more likely to be granted in instances where potential threshold

defenses exist that could turn on additional factual details. See SC Charles Wright, Arthur

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Miller, and Mary Kane, Fed. Prac. & Proc. Civ. § 1376 (3d ed.). Additionally, they can be

appropriate where the pleading fails to put a defendant on proper notice of the claim against it.

See Bower v. Weisman, 639 F. Supp. 532, 538 (S.D.N.Y. 1986) (motion may be granted where

“the complaint is so excessively vague and ambiguous as to be unintelligible and as to prejudice

the defendant seriously in attempting to answer it” (internal quotation omitted)); Vt. R. Civ. P.

8(a).

In this instance, the Court agrees that the complaint fails provide Defendant sufficient

notice of Plaintiff’s claim and that it would be prejudiced by attempting to respond to it. While

notice pleading is permitted under Rule 8, the instant complaint contains virtually no clearly

stated facts that might form a basis for any specific claims. Further, the motion raises the

possibility of defenses, such as statute of limitations and immunity, that potentially could be

implicated in this action. Absent some factual allegations, with linkage to legal claims,

Defendant cannot make a determination in that regard or submit an appropriate answer. While

pro-se litigants are afforded some laxity by the Court, they are still “bound by the ordinary rules

of civil procedure.” Vahlteich v. Knott, 139 Vt. 588, 590-91 (1981).

The motion for a more definite statement is granted. Plaintiff is to prepare an amended

complaint. It shall contain “a short and plain statement of the claim showing that the pleader it

entitled to relief.” Further, the complaint must contain, at least, some factual allegations

supporting each element of the claims asserted. See Colby v. Umbrella, Inc., 2008 VT 20, ¶ 10,

184 Vt. 1, 9. The filing shall be made and served within 30 days. Otherwise, the matter will be

dismissed without prejudice.

* * *

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As to Plaintiff’s “motion for exploratory motion,” to the extent it seeks discovery, the

proper approach to such matters is to make a request to the opposing party, not the Court.

Otherwise, the Court cannot discern the basis for the relief. On that basis it is denied.

WHEREFORE, the motion for a more definite statement is granted. An amended

complaint shall be submitted to the Court and served within 30 days or the matter will be

dismissed without prejudice.

The motion for exploratory motion is denied.

Electronically signed on Wednesday, March 26, 2025, per V.R.E.F. 9(d).

_______________________
Timothy B. Tomasi
Superior Court Judge

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24-CV-04536 Christopher Marchese Santos v Vermont DCF