Fairmont Homes, Inc. v. Shred Pax Corp.

MEMORANDUM AND ORDER

MILLER, District Judge.

This garden variety breach of contract/fraud case poses a legal issue that, amazingly, has been decided in no prior reported case, perhaps because the resolution of the issue seems self-evident: Whether a complaint that might be sufficient to state a claim under the procedural rules of the state in whose courts it was filed is subject to post-removal dismissal should it fail to satisfy more stringent federal rules. The court concludes that such a complaint is subject to dismissal, albeit dismissal without prejudice.

Fundamental questions lurk in this…