pursuant to Rule 12(b)(6) and 12(e) of the
Federal Rules of Civil Procedure
and issupported by the following memorandum of points and authorities.
MEMORANDUM OF POINTS AND AUTHORITIES
The United States alleges three causes of action against one or more of the HildaleDefendants: (1) that Hildale is engaging in a pattern or practice of conduct that deprives person of their First, Fourth and Fourteenth Amendment rights under 42 U.S.C. § 14141
;(2) the Hildale Defendants have engaged in a pattern or practice of resistance to the fullenjoyment of rights granted by the Fair Housing Act or have denied a group of personsrights granted by the Fair Housing Act under 42 U.S.C. § 3614(a)
; and (3) that Hildalehas denied individuals equal utilization of a public facility on the basis of religion inviolation of 42 U.S.C. § 2000(b)
. The United States has failed to meet its pleadingobligations under Fed. R. Civ. P. 8 and therefore, all three causes of action should bedismissed. Alternatively, the United States should be required to clarify certain ambiguousfactual allegations by providing more specific information such that the HildaleDefendants can reasonably prepare their Answer.
I. ALL CAUSES OF ACTION AGAINST THE HILDALE DEFENDANTSSHOULD BE DISMISSED.A. The Rule 12(b)(6) Standard.
A complaint must contain a “short and plain statement of the claim showing thatthe pleader is entitled to relief.” F
. R. C
. P. 8(a)(2). While Rule 8 “does not require
factual allegations, …it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949, 173 L.Ed.2d.868 (2009) (citing Bell Atlantic Corp v. Twombly, 550 U.S. 544, 555 & 570,(2007))(emphasis added). As the Supreme Court stated in Ashcroft,
See Complaint, at ¶¶ 51 – 56.
Id., at ¶¶ 57 – 61.
Id., at ¶¶ 62 – 63.