Q: If movant's argument is unclear, what responsibility does non-moving party have to speculate or guess movant's intent.
I ask in general but the specifics relate to the Fair Housing Act and Section 3604 as opposed to Section 3617. The Defendant did not sale or rent to me and was not involved in that process but subsequently used coercion and intimidation to assist the party that had discriminated against me; in my Complaint I allege 42 USC 3617. Defendant filed Motion to dismiss and argued that I had not argued elements of 3604, saying nothing about 3617, to which I responded that their argument was based on a fallacious premise, that I did not accuse Defendant of discrimination under 3604. Defendant Replied and for the first time argued 3617, stating that their 3604 argument was all encompassing of the FHA. I have filed a motion for leave to sur-reply which they oppose maintaining their same argument that 3604 encompassed 3617 and therefore, when they brought up 3617 in their Reply, it was not a new argyment.
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