Badillo v. Liberty Mutual Insurance Co.

Filing 25

ORDER granting 11 motion to dismiss. On or before November 14, 2016, Plaintiff may file an amended complaint. Signed by Judge Roy B. Dalton, Jr. on 10/20/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ELISIO BADILLO,
Plaintiff,
v.

Case No. 6:16-cv-1212-Orl-37KRS

LIBERTY MUTUAL INSURANCE CO.,
Defendant.
ORDER
This cause is before the Court on the following matters:
(1)

Defendant’s Corrected Motion to Dismiss Plaintiff’s Complaint and
Incorporated Memorandum of Law (Doc. 11) filed September 9, 2016;

(2)

Plaintiff’s Opposition to Defendant’s Corrected Motion to Dismiss Plaintiff’s
Complaint and Incorporated Memorandum of Law (Doc. 24), filed
October 17, 2016.
DISCUSSION

Rules 8 and 10 of the Federal Rules of Civil Procedure set forth minimum
requirements for complaints filed in this Court. At a minimum: (1) pleadings must include
“short and plain” statements of the pleader’s claims set forth in “numbered paragraphs
each limited as far as practicable to a single set of circumstances”; and (2) pleadings
must not include mere labels, legal conclusions, or formulaic recitation of the elements
of a claim. See Fed. R. Civ. P. 8(a), 8(d), 10(b); see also Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007); Local Rules 1.05, 1.06. Shotgun pleadings result when a
plaintiff “fails to follow Rules 8 and 10.” See Hickman v. Hickman, 563 F. App’x 742, 744

(11th Cir. 2014).
The U.S. Court of Appeals for the Eleventh Circuit warns that actions founded on
shotgun pleadings should not be permitted because “issues are not joined, discovery is
not controlled, the trial court’s docket becomes unmanageable, the litigants suffer, and
society loses confidence in the court’s ability to administer justice.” See Anderson v.
Dist. Bd. of Trs. of Cent. Fla. Cmty. College, 77 F.3d 364, 367 (11th Cir. 1996). Heeding
this warning, when confronted with a deficient pleading—especially a shotgun
complaint—district courts must require the party to replead. See Paylor v. Hartford Fire
Ins. Co., 748 F.3d 1117, 1127–28 (11th Cir. 2014) (criticizing district court for failing to
police shotgun pleadings).
Here, Plaintiff must replead because his Complaint—which includes eight counts
that each incorporate by reference the same 37 paragraphs—is quintessentially
shotgun. See Weiland v. Palm Beach Cnty. Sheriff’s Office, 792 F.3d 1313, 1320–23
(11th Cir. 2015); Ferrell v. Durbin, 311 F. App’x 253, 259 (11th Cir. 2009). Further, it
appears that Plaintiff may have named the wrong Defendant, and that issue should be
resolved at the earliest opportunity.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Defendant’s Corrected Motion to Dismiss Plaintiff’s Complaint and
Incorporated Memorandum of Law (Doc. 11) is GRANTED to the extent
that it seeks dismissal of the Complaint without prejudice.

2.

On or before November 14, 2016, Plaintiff may file an amended complaint
that complies in all respects with this Order, the Federal Rules of Civil
Procedure, and the Court’s Local Rules.

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3.

If Plaintiff does not file an amended complaint in the time prescribed, this
action may be dismissed without further notice.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 20, 2016.

Copies:
Counsel of Record

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