Case Activity (90300)

1. Utility | Filed: July 08, 2026 | Entered: July 08, 2026 Brown v. Costco Wholesale Corporation

   P.I.: Other | Florida Southern

   ~Util - Set/Reset Deadlines/Hearings

   Set Deadlines Per DE 30 . Amended Complaint due by 7/28/2026. (cqs)

2. Order | Filed: July 08, 2026 | Entered: July 08, 2026 Brown v. Costco Wholesale Corporation

   P.I.: Other | Florida Southern

   Order on Motion for Reconsideration Order on Motion to Vacate

   PAPERLESS ORDER denying 25 Plaintiff's Verified Motion for Reconsideration of, and to Vacate, the Court's June 17, 2026 Order Striking Mode-of-Operation Allegations ("Motion") and dismissing 1 Plaintiff's Complaint without prejudice. In analyzing the Motion, the Court conducted another review of the Complaint and finds that it is a shotgun pleading. The Eleventh Circuit generally considers a complaint to be a shotgun pleading if, among other pleading deficiencies, it "commits the sin of not separating into a different count each cause of action or claim for relief." Weiland v. Palm Beach Cty. Sheriff's Off., 792 F.3d 1313, 1322-23 (11th Cir. 2015). Here, the Complaint alleges multiple theories of negligence in one count. "Plaintiffs may not 'cram multiple, distinct theories of liability into one claim' because each theory 'is a separate cause of action that must be asserted independently and with corresponding supporting factual allegations.'" Miles v. Carnival Corp., 767 F. Supp. 3d 1368, 1373 (S.D. Fla. 2025) (quoting Ortiz v. Carnival Corp., No. 20-cv-24838, 2020 WL 6945958, at *1 (S.D. Fla. Nov. 25, 2020)). See also Ajwani v. Carnival Corp., 722 F. Supp. 3d 1333, 1339 (S.D. Fla. 2024) (dismissing count for commingling negligent hiring and retention claims because "factual allegations that may be sufficient to bring a claim for negligent retention will not be sufficient to bring a claim for negligent hiring."). Accordingly, the Complaint is dismissed without prejudice.

   Plaintiff shall file an amended complaint on or before July 28, 2026. Signed by Judge Darrin P. Gayles on 7/8/2026. (hs01)

3. 90298 additional result(s)