Boyd v. Premier Outdoor USA LLC

Filing 4

ORDER striking 1 Complaint. Plaintiff shall file a corrected complaint consistent with the directives of this Order on or before September 20, 2024. See Order for details. Signed by Judge Marcia Morales Howard on 8/30/2024. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
MEL BOYD,
Plaintiff,
vs.

Case No. 3:24-cv-890-MMH-LLL

PREMIER OUTDOOR USA, LLC,
Defendant.

/
ORDER

THIS CAUSE is before the Court sua sponte. Plaintiff initiated the
instant action on August 28, 2024, by filing an eight -count Complaint premised
primarily on race discrimination and retaliation. See Complaint and Demand
for Jury Trial (Doc. 1).

Upon review, the Court finds that the Complaint

constitutes an impermissible “shotgun pleading.” In Weiland v. Palm Beach
Cnty. Sheriff’s Office, 792 F.3d 1313 (11th Cir. 2015), the Eleventh Circuit
identified four types of “shotgun” pleadings. See id. at 1321–23. As relevant
here, one such type of improper pleading occurs where the drafter “commits the
sin of not separating into a different count each cause of action or claim for
relief.” Id. at 1322–23 n.13 (collecting cases). Indeed, Rule 10(b), Federal Rules
of Civil Procedure (Rule(s)) requires that: “[i]f doing so would promote clarity,

each claim founded on a separate transaction or occurrence . . . must be stated
in a separate count or defense.” Rule 10(b); see also Anderson v. Dist. Bd. of
Trs. of Central Fla. Cmty. College, 77 F.3d 364, 366 (11th Cir. 1996) (explaining
that a properly drawn complaint “will present each claim for relief in a separate
count, as required by Rule 10(b), and with such clarity and precision that the
defendant will be able to discern what the plaintiff is claiming and to frame a
responsive pleading” (footnote omitted)).
Here, Plaintiff sets forth claims for racial discrimination in Counts I, II,
and III. However, upon review, the race discrimination claims in these Counts
appear to include two distinct theories of relief, one premised on an adverse
employment action and the other on a hostile work environment.

See

Complaint ¶¶ 42-44, 49-50, 56-57. Counts IV, V, and VI similarly appear to
combine allegations of retaliation and retaliatory hostile work environment.
See id. ¶¶ 62, 67, 72. Notably, in closely analogous circumstances, the Eleventh
Circuit has found this manner of pleading to be improper. See Palmer v.
Albertson’s LLC, 418 F. App’x 885, 889 (11th Cir. 2011) (rejecting plaintiff’s
argument that he had adequately alleged a hostile work environment claim
where the complaint contained only two counts—disability discrimination and
retaliation).

Accordingly, the Court will strike the Complaint and direct

Plaintiff to file a corrected complaint that sets forth each of his claims for relief
in a separate count. See Anderson, 77 F.3d at 367 n.5 (noting that when faced
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with a shotgun pleading the district court should sua sponte strike the pleading
and direct the plaintiff to file a more definite statement). Thus, if Plaintiff
intends to assert discriminatory or retaliatory hostile work environment claims,
he must set forth those claims in separate counts and identify the specific
factual allegations on which each claim is based. See Palmer, 418 F. App’x at
899–90 (finding that the mere use of the words “harassed” and “hostile” in a
discrimination claim “neither stated a plausible claim for relief nor provided
[defendant] with sufficient notice to defend against a harassment or hostile
work environment claim”). Accordingly, it is
ORDERED:
1.

The Complaint and Demand for Jury Trial (Doc. 1) is STRICKEN.

2.

Plaintiff shall file a corrected complaint1 consistent with the
directives of this Order on or before September 20, 2024. Failure
to do so may result in a dismissal of this action.

The filing of the corrected complaint does not affect any right Plaintiff may have to
amend as a matter of course pursuant to Rule 15(a)(1).
1

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3.

Defendant shall respond to the corrected complaint in accordance
with the requirements of Rule 15 of the Federal Rules of Civil
Procedure.

DONE AND ORDERED in Jacksonville, Florida, on August 30, 2024.

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Copies to:
Counsel of Record
Pro Se Parties

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