Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)

Citation: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Parent Document: Provident Funding Associates, LP v. Jones, 31 Mass. L. Rptr. 37 (2013)
Jurisdiction: Massachusetts (state)
Effective Date: 2013-02-27
Original Source: https://www.courtlistener.com/opinion/8358209/provident-funding-associates-lp... ↗

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Affirmative Defense IV (equitable estoppel and/or waiver) must also be stricken because, as Provident correctly argues, the defendants have failed to sufficiently allege the elements necessary to establish equitable estoppel. The defendants solely state that “(t]he plaintiffs claims are barred under the equitable doctrines of estoppel and/or waiver” and provide nothing to further support their defense, whether it be facts or law, in support of their position. Therefore, Affirmative Defense IV is stricken. Mass.R.Civ.P. 12(f); see also Iannacchino, 451 Mass, at 636 (requiring the non-moving parly to provide “more than labels and conclusions” to overcome a motion to dismiss). Affirmative Defense V

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