Successful attorney and entrepreneur Bob Zarco suffered a minor setback recently when Judge King dismissed a complaint brought by one of Bob's business entities, Zarco Marine Group:
The Amended Complaint fails to provide the Court with sufficient facts. Many of the assertions made are conclusory. One sentence provides multiple examples, "On or about September 2011, Plaintiff's principal, Robert Zarco, attempted to start the Formula Generator, utilizing the same procedure for which he had become accustomed and following the instructions provided for in the Operator's Manual.'' D.E. 845. How is Robert Zarco a principal? What procedures did he follow? How did he become accustomed with these procedures? How did he follow the Manual? Similar conclusory and threadbare statements are found throughout the Amended Complaint. Simply stating that events occurred or conditions were satisfied falls short of the pleading requirements.I have a feeling this will be corrected in the second amended complaint.
Facts need to be given that tell a story. Pleadings like "Plaintiff notified Westerbeke and/or its Authorized Dealer(s) on one or more occasions, and/or formally notified Westerbeke of Westerbeke's failure to timely repair the Formula Generator'' are so full of caveats and lacking in details that the Court cannot follow the story to understand the chain of events alleged.