Opinion
Case No. 8:08-cv-1623-T-30EAJ.
April 28, 2010
ORDER
Lennar Corporation's ("Lennar Corp.") Moves to dismiss or strike Count V of SCC-Canyon II, LLC's ("SCC-Canyon") Crossclaim, or alternatively, for a more definite statement. Lennar Corp. argues that Count V of the Crossclaim is a shotgun pleading because it incorporates and re-alleges all of the allegations in the preceding causes of action. Count V alleges a breach of a joinder agreement based on the alleged breaches of other agreements between SCC-Canyon and Lennar Corp.'s subsidiary Lennar Homes, Inc., which allegations make up Counts I-IV. It appears that Count V is superfluous as the allegations in Counts I-IV are also against Lennar Corp. based on the joinder agreement. However, Count V is not a shotgun pleading.
It is therefore ORDERED AND ADJUDGED that:
1. Lennar Corporation's Motion to Dismiss or Strike Count V of SCC-Canyon II, LLC's Crossclaim, or Alternatively, for a More Definite Statement (Dkt. 63) is DENIED.
2. Lennar Corporation shall file an answer to Count V within seven (7) days of this Order.
3. Lennar Corporation's Motion to Dismiss or Strike Count V of SCC-Canyon's Counterclaim, or Alternatively for a More Definite Statement (Dkt. 52) is DENIED as moot.DONE and ORDERED in Tampa, Florida.