Franz et al v. Allstate Fire & Casualty Insurance Company

Filing 16

ORDER dismissing 2 Plaintiffs' Complaint without prejudice to filing an Amended Complaint within 14 days of this Order; denying as moot 5 Defendant's Motion to Dismiss. See Order for details. Signed by Judge John E. Steele on 5/11/2015. (MAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TRACY L.
FRANZ,

FRANZ

and

PAUL

Plaintiffs,
v.

Case No: 2:15-cv-196-FtM-29CM

ALLSTATE FIRE &
INSURANCE COMPANY,

CASUALTY

Defendant.

ORDER
This matter comes before the Court on review of plaintiffs’
Complaint (Doc. #2) filed on March 26, 2015.

The Complaint

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

(Doc. #2, ¶¶ 15, 18.)

“The typical shotgun complaint contains several counts, each
one

incorporating

by

reference

the

allegations

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 has consistently frowned upon shotgun pleadings
such as the one presented herein, and shotgun pleadings “exact an
intolerable toll on the trial court’s docket.”
117 F.3d 1258, 1263 (11th Cir. 1997).

Cramer v. Florida,

See also Davis v. Coca-Cola

Bottling

Co.

Consol.,

2008)(collecting cases).

516

F.3d

955,

979

n.54

(11th

Cir.

Accordingly, the Eleventh Circuit has

established 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:
1.

Plaintiffs’ Complaint (Doc. #2) is dismissed without

prejudice to filing an Amended Complaint within FOURTEEN (14) DAYS
of this Order.
2.

Defendant’s Motion to Dismiss (Doc. #5) is DENIED as

moot.
DONE AND ORDERED at Fort Myers, Florida, this
May, 2015.

Copies:
Counsel of record

2

11th

day of