ORDER FINDING COMPLAINT DEFICIENT AND GRANTING LEAVE TO AMEND
Following the Defendant’s arguments, the Court finds that the complaint, as currently pleaded, is legally deficient. The Plaintiff has not sufficiently alleged the factual elements necessary to support a claim for slander, including that the statements in question were false. The Plaintiff has also not properly argued how the Defendant’s alleged actions infringed upon the Plaintiff’s constitutional rights.
However, the Plaintiff has the right to bring an action if the claim is properly pleaded. Therefore, the Plaintiff is granted 48 hours to file an amended complaint
in a new post. The amended complaint must properly allege all factual elements necessary to support a claim for slander and/or clearly explain how the Plaintiff’s constitutional rights were infringed.
If the Plaintiff fails to file a sufficient amended complaint within 48 hours, the Court may dismiss the case with prejudice.
The Court also issues a general admonishment regarding motion practice in this case. The number of motions filed is approaching an excessive level. At this time, the Court will not restrict either party’s ability to file motions. However, the parties are reminded that the judiciary of the Azalea Isles recognizes a minimum legal cost of $1,000 per week for parties represented by counsel in trial.
The parties are further reminded that the presiding judge may revise this amount upward for any specific week of trial if a significant amount of legal work was required. Accordingly, if the volume of filings continues at this level, the Court may recognize legal costs exceeding $1,000 per week.
Finally, if the Plaintiff chooses to file an amended complaint, the Defendant will be permitted to file a new answer. In that answer, the Defendant may request payment of court costs and court-recognized legal fees, as allowed under the
Damages Reform Act.