Avitts v. Amoco Production Co.

53 F.3d 690 (5th Cir. 1995)

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Nature of the Case

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Facts

Avitts (P) filed suit in a Texas state court to recover monetary damages for alleged injuries to their property caused by Ds' oil and gas operations. The matter was removed to federal court in that the complaint stated: It is expected that the evidence will reflect that the damages caused by the Defendants are in violation of not only State law but also Federal law. In concert with their notice of removal, Ds filed a Fed. R. Civ. P. 12(e) motion for a more definite statement, in that P failed to specify which State or Federal laws Ds allegedly violated. P subsequently filed a first amended complaint, omitting all reference to federal law. No federal question has ever been stated. The district court entered a preliminary injunction requiring Ds to complete an environmental study and to pay costs and attorney's fees. Ds appealed.