Sharp Shirter Inc. v. Getonfleek, LLC

Filing 7

ORDER -- Plaintiff's Complaint (Doc. 1-8) is DISMISSED WITHOUT PREJUDICE. On or before Monday, April 17, 2017, Plaintiff may file an amended complaint. The Clerk is DIRECTED to STRIKE Plaintiff's Certificate of Interested Persons and Corporate Disclosure Statement (Doc. 3) On or before Monday, April 17, 2017, Plaintiff is DIRECTED re-file a Certificate of Interested Persons and Corporate Disclosure Statement. Signed by Judge Roy B. Dalton, Jr. on 4/3/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SHARP SHIRTER INC.,
Plaintiff,
v.

Case No. 6:17-cv-558-Orl-37TBS

GETONFLEEK, LLC,
Defendant.
_____________________________________
ORDER
In the instant action, Plaintiff asserts claims against Defendant for copyright
infringement. (Doc. 1-8 (“Complaint”).) For the reasons set forth below, the Complaint is
due to be dismissed without prejudice as an impermissible shotgun pleading.
Shotgun pleadings come in a variety of forms. See, e.g., Weiland v. Palm Beach Cty.
Sheriff’s Office, 792 F.3d 1313, 1321 (11th Cir. 2015) (describing four categories of shotgun
pleadings). The most common type “is [one] containing multiple counts where each
count adopts the allegations of all preceding counts, causing each successive count to
carry all that came before and the last count to be a combination of the entire complaint.”
Id. at 1321. Such pleadings impose on the Court the onerous task of sifting out
irrelevancies to determine which facts are relevant to which causes of action. See id.
at 1323. Described as “altogether unacceptable,” by the U.S. Court of Appeals for the
Eleventh Circuit, when a shotgun pleading is filed in this Court, repleader is required.
Cramer v. Florida, 117 F.3d 1258, 1263 (11th Cir. 1997); see also Paylor v. Hartford Fire Ins.
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Co., 748 F.3d 1117, 1125–28 (11th Cir. 2014). If the Court does not require repleader, then
“all is lost.” Johnson Enters. of Jacksonville, Inc. v. FPL Grp., Inc., 162 F.3d 1290, 1333
(11th Cir. 1998).
Here, the Complaint evidences the most common form of shotgun pleading, as
Counts II and III incorporate each of the preceding allegations. (See Doc. 1, ¶¶ 58, 68.)
This is impermissible. As such, the Complaint must be dismissed. If Plaintiff chooses to
replead, the amended complaint must clearly delineate which factual allegations are
relevant to each claim.
In addition, on March 31, 2017, Plaintiff filed a Certificate of Interested Persons
and Corporate Disclosure Statement. (Doc. 3 (“Statement”).) However, it is noncompliant
with the Court’s Interested Persons Order (“IPO”).
The IPO is listed under the “Case & Trial Management Forms” at the bottom of
the Undersigned’s webpage. 1 Attached to the IPO is a form that the parties are required
to complete to satisfy their compliance with the IPO (“Form”). (Id. at 3.) Inter alia, the IPO
requires the parties to disclose whether they are aware of any actual or potential conflict
involving the district and magistrate judges assigned to the case (“Conflict
Certification”).
Not only does Plaintiff’s Statement lack the requisite Conflict Certification, but it
is also devoid of much of the information required in the Form. Hence the Court will
require Plaintiff to file an amended Statement.

1

https://www.flmd.uscourts.gov/judicialInfo/Orlando/JgDalton.html.
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Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Plaintiff’s Complaint (Doc. 1-8) is DISMISSED WITHOUT PREJUDICE.

2.

On or before Monday, April 17, 2017, Plaintiff may file an amended
complaint that remedies the deficiencies identified in this Order. Failure to
timely file may result in this action being closed without further notice.

3.

The Clerk is DIRECTED to STRIKE Plaintiff’s Certificate of Interested
Persons and Corporate Disclosure Statement (Doc. 3).

4.

On or before Monday, April 17, 2017, Plaintiff is DIRECTED re-file a
Certificate of Interested Persons and Corporate Disclosure Statement that
includes the Conflict Certification and is otherwise compliant with the
Court’s IPO.

DONE AND ORDERED in Chambers in Orlando, Florida, on April 3, 2017.

Copies to:
Counsel of Record

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