Terrell v. DirecTV, LLC

1 Citing case

  1. Superior Edge, Inc. v. Monsanto Co.

    44 F. Supp. 3d 890 (D. Minn. 2014)   Cited 42 times   1 Legal Analyses
    Finding that a counterclaim which incorporated by reference the prior paragraphs within seven separate counts was nonetheless “more than sufficient to put [plaintiff] on notice” where each count “explicitly state[d] the basis for relief under each legal theory”

    The remedy of repleader based on violation of Rules 8 and 10 has generally been reserved for egregious cases where “a defendant does not know the basic facts that constitute the claim for relief against it.” Terrell v. DIRECTV, LLC, Civ. No. 12–81244, 2013 WL 451914, at *2 (S.D.Fla. Feb. 6, 2013) (requiring amendment of a complaint where, among other deficiencies, the paragraphs were not numbered consecutively, several complaints had been merged into one, the complaint was repetitive and rambling, “[s]everal counts appear [ed] to be cut-off mid-count,” and unnecessary statutes and regulations were attached as exhibits); Allen v. Cypress Village, Ltd., Civ. No. 10–994, 2011 WL 1667055, at *2 (M.D.Ala. May 3, 2011) (finding a complaint violated Rule 10(b) by incorporating every antecedent allegation by reference into each subsequent claim for relief where “[t]here are no counts, only a ‘Prayer for Relief