Case Information
*1 Case 0:08-cv-60679-WJZ Document 13 Entered on FLSD Docket 07/25/2008 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60679-CIV-ZLOCH FREDERIKA WISEHART COHEN,
Plaintiff, vs. O R D E R WCI COMMUNITIES, INC.,
Defendant.
/
THIS MATTER is before the Court upon Defendant WCI Communities, Inc.’s Motion To Dismiss (DE 5). The Court has carefully reviewed said Motion and the entire court file and is otherwise fully advised in the premises.
The Court notes that only a generalized statement of facts needs to be set out to comply with the liberal pleading requirements of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 8(a). The Supreme Court recently abrogated its test for determining the sufficiency of a complaint as formulated in Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007). In Twombly, the Court stated that “[f]actual allegations must be enough to raise a right to relief above the speculative level.” Id. at 1965. The Court further explained that “a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and that recovery is very remote and unlikely.” Id. (quotations omitted) Plaintiff’s Complaint (DE 1) clearly *2 Case 0:08-cv-60679-WJZ Document 13 Entered on FLSD Docket 07/25/2008 Page 2 of 2
satisfies the pleading requirements of Rule 8(a).
Accordingly, after due consideration, it is ORDERED AND ADJUDGED that Defendant WCI Communities, Inc.’s Motion To Dismiss (DE 5) be and the same is hereby DENIED .
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 25th day of July, 2008.
WILLIAM J. ZLOCH United States District Judge Copies furnished:
All Counsel of Record 2
