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Copyright | Tennessee Middle
Notice (Other)
NOTICE by X Corp of Withdrawal of Ashle J. Holman (Zralek, Stephen)
Copyright | Florida Southern
Order on Motion to Dismiss for Failure to State a Claim
PAPERLESS ORDER granting 42 Defendant's Motion to Dismiss First Amended Complaint. The First Amended Complaint is a shotgun pleading for at least two reasons. First, it improperly refers to Defendants in general without distinguishing individual wrongdoing. Second, Counts 2-6 each incorporate by reference all preceding paragraphs - meaning that those counts improperly incorporate all preceding counts. Therefore, the First Amended Complaint must be dismissed without prejudice for failure to state a claim. See Weiland v. Palm Beach Cty. Sheriff's Off., 792 F.3d 1313, 1323 (11th Cir. 2015) (identifying "all types of shotgun pleadings" and holding that "a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint," and 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" is subject to dismissal). Further, Plaintiffs do not allege sufficient information about the contracts on which their claims are based. Therefore, the First Amended Complaint is dismissed without prejudice. On or before July 14, 2026, Plaintiffs shall file a Second Amended Complaint that cures these deficiencies. Signed by Judge Darrin P. Gayles (DPG)
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