Suarez v. Ryans et al

Filing 42

ORDER: Defendants', Jerome Ryans and Wence Cunningham, In Their Official Capacities, Motion to Dismiss Plaintiff's Amended Complaint for Actual and Punitive Damages 34 and Defendant Housing Authority's Motion to Dismiss Plaintiff&# 039;s Amended Complaint for Actual and Punitive Damages 40 is DENIED. Defendants shall file an answer to the amended complaint within 14 days. Plaintiff's Request for Oral Argument Upon Defendants Ryans' and Cunningham's Motion to Dismiss Amended Complaint 37 is DENIED as moot. Signed by Judge James S. Moody, Jr on 7/18/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MIRIAM SANTOS SUAREZ,
Plaintiff,
v.

Case No. 8:12-cv-2401-T-30MAP

JEROME RYANS, in his official capacity as
Executive Director of the Housing Authority
of the City of Tampa, Florida, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendants’, Jerome Ryans and Wence
Cunningham, In Their Official Capacities, Motion to Dismiss Plaintiff’s Amended Complaint
for Actual and Punitive Damages (Dkt. 34), Plaintiff’s Memorandum In Opposition to
Defendants Ryans’ and Cunningham’s Motion to Dismiss Amended Complaint (Dkt. 36),
Plaintiff’s Request for Oral Argument Upon Defendants Ryans’ and Cunningham’s Motion
to Dismiss Amended Complaint (Dkt. 37), Defendant Housing Authority’s Motion to
Dismiss Plaintiff’s Amended Complaint for Actual and Punitive Damages (Dkt. 40), and
Plaintiff’s Response in Opposition to Defendant Housing Authority’s Motion to Dismiss
Amended Complaint (Dkt. 41). The Court, having reviewed the motions, responses, and
being otherwise advised in the premises, concludes the motions to dismiss should be denied.

On May 3, 2013, the Court dismissed Plaintiff Miriam Santos Suarez’s claims for
declaratory and injunctive relief for alleged violations of the Fair Housing Act (“FHA)
against Defendants Jerome Ryans and Wence Cunningham. On May 15, 2013, Suarez filed
an amended complaint for actual and punitive damages for alleged violations of the FHA,
adding Defendant Housing Authority for the City of Tampa (“HACT”). Unlike the original
complaint, Suarez clearly alleged three separate counts, one against each Defendant.
Defendants move to dismiss the amended complaint based upon Suarez’s failure to
comply with Rule 8(a) and because the amended complaint is a shotgun pleading. Although
the Court agrees that Suarez has included irrelevant allegations and unnecessary recitations
of the FHA, the amended complaint is not so unclear or confusing as to prevent Defendants
from answering. Additionally, the incorporation by reference of all previous allegations into
each count does not prevent a cogent response from Defendants. Because each count is
premised on the same statutory violation and the same set of operative facts, the vast majority
of allegations are relevant to each count. While the amended complaint is technically a
shotgun pleading, it does not present the type of discovery difficulties warned against by the
Eleventh Circuit.
It is therefore ORDERED AND ADJUDGED that:
1.

Defendants’, Jerome Ryans and Wence Cunningham, In Their Official
Capacities, Motion to Dismiss Plaintiff’s Amended Complaint for Actual and
Punitive Damages (Dkt. 34) and Defendant Housing Authority’s Motion to

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Dismiss Plaintiff’s Amended Complaint for Actual and Punitive Damages
(Dkt. 40) is DENIED.
2.

Defendants shall file an answer to the amended complaint within fourteen (14)
days of the date of this Order.

3.

Plaintiff’s Request for Oral Argument Upon Defendants Ryans’ and
Cunningham’s Motion to Dismiss Amended Complaint (Dkt. 37) is DENIED
as moot.

DONE and ORDERED in Tampa, Florida on July 18, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-cv-2401.denymtdismiss.frm

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