Brown v. CBOCS, Inc.

Filing 15

ORDER: Defendant's Motion to Dismiss, or, Alternatively, for a More Definite Statement 12 is GRANTED. The amended complaint is DISMISSED without prejudice to Plaintiff to file a second amended complaint against Defendant within 20 days. If Plaintiff fails to file a second amended complaint within 20 days, this case shall remain dismissed without prejudice, and the Court will direct the Clerk to administratively close this case, without further notice to the parties. Signed by Judge James S. Moody, Jr on 3/8/2012. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WILLIE LYNN BROWN,
Plaintiff,
v.

Case No. 8:11-cv-1308-T-30MAP

CBOCS, INC.,
d/b/a Cracker Barrel Old Country Store,
Defendant.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendant’s Motion to Dismiss, or,
Alternatively, for a More Definite Statement (Dkt. 12). Plaintiff, who is proceeding pro se,
did not file a response in opposition. The Court, having considered the motion, and being
otherwise advised of the premises, concludes that the motion should be granted to the extent
that Plaintiff should amend his complaint to comply with the Federal Rules of Civil
Procedure.
DISCUSSION
Pro se Plaintiff Willie Lynn Brown was employed by Defendant CBOCS, Inc.
(“Cracker Barrel”) as a server. Plaintiff’s amended complaint alleges claims for race
discrimination, hostile work environment, constructive discharge, and retaliation, in violation
of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000(e), et seq. (“Title
VII).

Defendant moves to dismiss Plaintiff’s amended complaint based, in part, on the
amended complaint’s failure to comply with Rules 8 and 10 of the Federal Rules of Civil
Procedure.
Rule 8(a) of the Federal Rules of Civil Procedure provides in relevant part that “[a]
pleading which sets forth a claim for relief shall contain a short and plain statement of the
claim showing that the pleader is entitled to relief.”
Rule 10(b) of the Federal Rules of Civil Procedure provides in relevant part that “[a]
party must state its claims or defenses in numbered paragraphs, each limited as far as
practicable to a single set of circumstances.” (emphasis added).
Plaintiff’s amended complaint is twenty-three single-spaced pages, containing
approximately thirty numbered paragraphs, with approximately seventy sub-paragraphs. The
allegations are also written in a rambling, narrative format, with overly verbose, stream of
consciousness thoughts, making it nearly impossible for Defendant to formulate an answer.
Simply put, the allegations are not “short and plain,” nor are they limited to a “single set of
circumstances.” Id.
Accordingly, the Court concludes that Plaintiff’s amended complaint should be
dismissed, without prejudice to Plaintiff to amend his complaint to comply with the Federal
Rules of Civil Procedure, as explained above. The Court notes that pro se pleadings are
entitled to “liberal construction.” Holsomback v. White, 133 F.3d 1382, 1386 (11th Cir.
1998). But, such complaints should still comply with the procedural rules governing the
proper form of pleadings. See Heard v. Nix, 170 Fed.Appx. 618, 619 (11th Cir. 2006).
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It is therefore ORDERED AND ADJUDGED that:
1.

Defendant’s Motion to Dismiss, or, Alternatively, for a More Definite
Statement (Dkt. 12) is GRANTED, for the reasons stated above.

2.

The amended complaint is DISMISSED without prejudice to Plaintiff to file
a second amended complaint against Defendant that conforms with the
pleading requirements set forth in the Federal Rules of Civil Procedure within
twenty (20) days from the date of this Order.

3.

If Plaintiff fails to file a second amended complaint within twenty (20) days
from the date of this Order, this case shall remain dismissed without prejudice,
and the Court will direct the Clerk to administratively close this case, without
further notice to the parties.

DONE and ORDERED in Tampa, Florida on March 8, 2012.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2011\11-cv-1308.mtdismiss12.frm

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