Romero et al v. Early Learning Coalition of Flagler and Volusia Counties, Inc. et al

Filing 28

ORDER granting in part and denying in part 17 motion to dismiss; dismissing complaint without prejudice; denying as moot 18 motion to dismiss; denying as moot 25 motion to dismiss. Signed by Judge Gregory A. Presnell on 8/5/2015. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CELIANNE SANTOS ROMERO and
CHILDREN’S PLAYSKOOL, LLC,
Plaintiffs,
v.

Case No: 6:15-cv-816-Orl-31TBS

EARLY LEARNING COALITION OF
FLAGLER AND VOLUSIA COUNTIES,
INC., FLORIDA OFFICE OF EARLY
LEARNING and FLORIDA
DEPARTMENT OF HEALTH,
Defendants.

ORDER
This matter comes before the Court without a hearing on the Motion to Dismiss filed by
Defendant Florida Department of Health (“FDOH”) (Doc. 17) and the response in opposition
(Doc. 21) filed by the Plaintiffs. FDOH raises a number of arguments as to why the instant
complaint should be dismissed, but the Court need only address one: As described by FDOH in
its motion, the complaint is a quintessential “shotgun” pleading, with 20 pages of factual
allegations asserted as to the first count, and all of those allegations and the allegations of the first
count asserted as to the second count, and so on as to all five counts of this 33-page complaint.
As a result, each count incorporates a host of irrelevant allegations, and the amount of work
required to unpack, interpret and respond to the complaint is greatly multiplied. This is
unacceptable. See, e.g., Strategic Income Fund v. Spear, Leeds & Kellogg Corp., 305 F. 3d 1293,
1295 (11th Cir. 2002). Accordingly, it is hereby

ORDERED that the Motion to Dismiss (Doc. 17) is GRANTED IN PART, and the
Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. All pending motions are
DENIED AS MOOT. Should the Plaintiffs wish to file an amended complaint, they must do so
on or before August 19, 2015. Plaintiffs’ counsel is warned that the filing of another shotgun
pleading will result in sanctions.
DONE and ORDERED in Chambers, Orlando, Florida on August 5, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Party

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