Joe Hand Promotions, Inc. v. El Rey Del Domino, LLC et al

Filing 9

ORDER dismissing without prejudice 1 Complaint filed by Joe Hand Promotions, Inc. to filing an Amended Complaint within 14 days of this Order. Signed by Judge John E. Steele on 7/17/2013. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JOE HAND PROMOTIONS, INC.,
Plaintiff,
v.

Case No:

2:13-cv-530-FtM-29DNF

EL REY DEL DOMINO, LLC,
ALEXANDER CASTILLO and
JORGE CASTILB,
Defendants.
ORDER
This matter comes before the Court on review of plaintiff's
Complaint

(Doc.

#1)

filed

on

July

2,

2013.

The

Complaint

incorporates by reference all of the allegations from each Count
into each subsequent count.
“The
each

one

typical

(Doc. #1, ¶¶ 15, 26, 32.)

shotgun

incorporating

complaint

by

contains

reference

the

several

allegations

counts,
of

its

predecessors, leading to a situation where most of the counts
(i.e., all but the first) contain irrelevant factual allegations
and legal conclusions.”

Strategic Income Fund, L.L.C. v. Spear,

Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002).
The

Eleventh

Circuit

pleadings

such

pleadings

“exact

docket.”

Cramer

as
an
v.

has

the

consistently
one

presented

intolerable
Florida,

117

frowned

upon

shotgun

herein,

and

shotgun

trial

court’s

toll

on

the

F.3d

1258,

1263

(11th

Cir.

1997).
F.3d

See also Davis v. Coca-Cola Bottling Co. Consol., 516
955,

Accordingly,

979
the

n.54

(11th

Eleventh

Cir.

Circuit

2008)(collecting
has

established

cases).

that

when

faced with a shotgun pleading, a district court should require
the parties to file an amended pleading rather than allow such a
case to proceed to trial.

Byrne v. Nezhat, 261 F.3d 1075, 1130

(11th Cir. 2001).
Accordingly, it is hereby
ORDERED:
Plaintiff's

Complaint

(Doc.

#1)

is

dismissed

without

prejudice to filing an Amended Complaint within FOURTEEN (14)
DAYS of this Order.
DONE and ORDERED at Fort Myers, Florida, this
of July, 2013.

Copies:
Counsel of Record

- 2 -

17th

day