Pueschell v. City of Bartow

Full title: JORDAN PUESCHELL, a minor, by and through his natural guardians Tom…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Aug 12, 2011

CASE NO: 8:11-cv-1775-T-26TBM (M.D. Fla. Aug. 12, 2011)

Opinion

CASE NO: 8:11-cv-1775-T-26TBM.

August 12, 2011

ORDER

RICHARD LAZZARA, District Judge

Defendant has filed a motion to dismiss Plaintiffs' complaint, thereby prompting this Court to examine the allegations of the complaint. After doing so, the Court concludes that count I, which alleges violations of the First, Fourth, Fifth, and Fourteenth Amendments, "`is a typical `shotgun' pleading, in that in one count the plaintiffs have presented multiple claims for relief, supporting them with a rambling set of factual allegations that may or may not be relevant to each claim.'"Oladeinde v. City of Birmingham, 230 F.3d 1275, 1284 (11^th Cir. 2000) (quoting order entered in Oladeinde v. City of Birmingham, No. 91-2063 (11^th Cir. May 8, 1991) (emphasis in original). In light of that conclusion, the Court is authorized, acting sua sponte, to require Plaintiffs to replead their complaint. Id.

Accordingly, Plaintiffs shall file a repleaded complaint on or before August 26, 2011. Defendant shall file its response to the repleaded complaint within ten (10) days of service. The Motion to Dismiss (Dkt. 3) is denied without prejudice as moot.

DONE AND ORDERED at Tampa, Florida.