Order | Filed: September 25, 2026
| Entered: September 25, 2026
Wexler v. Schwartz, et al
Racketeer/Corrupt Organization | California Northern
Order
ORDER
The court screened the plaintiff's complaint for deficiencies, identifying issues with joinder, subject-matter jurisdiction, plausibility, and the statute of limitations. The plaintiff filed a response requesting thirty days to file an amended complaint addressing these issues. The court grants the plaintiff's request. His amended complaint is due 10/26/26. No further extensions will be granted.
The amended complaint is limited to no more than 40 pages. The court provides the following guidance to the plaintiff in amending the complaint. The prior complaint (at 375 pages) did not follow Rule 8, which requires only a short and plain statement of the claim. At least some of the plaintiff's promised revisions (omitting unnecessary defendants and narrowing his pleadings) will aid him in following Rule 8. As a pro se plaintiff, the plaintiff need not plead legal theories, only facts.
The plaintiff should also avoid the characteristics of a "shotgun pleading," which occurs when "(1) a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to be a combination of the entire complaint; (2) a complaint that is replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action; (3) a complaint that fails to separate into a different count each cause of action or claim for relief; and (4) a complaint that asserts multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against." Gibson v. City of Portland, 165 F.4th 1265, 1288 (9th Cir. 2026). A shogun pleading violates Rule 8 and should be dismissed. As the plaintiff recognized in his response, the complaint "need not contain detailed factual allegations for every element." ECF No. 31 at 3.
Signed by Judge Laurel Beeler on 9/25/2026.
(This is a text-only entry generated by the court. There is no document associated with this entry.)
(lblc1, COURT STAFF) (Filed on 9/25/2026)
Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)