SHIELDS
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
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A complaint that incorporates all prior allegations into each successive count constitutes an impermissible shotgun pleading.
Plaintiff sued defendant for breach of contract and conversion. The complaint incorporated all prior allegations into each count, creating a shotgun p…
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This case comes before the Court sua sponte. John Shields sues State Farm for breach of contract and conversion in state court. (Doc. 4). State Farm then removed the case under 28 U.S.C. §§ 1441, 1446. (Doc. 1).
However, Shields's complaint incorporates his breach of contract claim (Count I) in his conversion claim (Count II). See (Doc. 4 | 26). “[A] complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive county to carry all that came before and the las county to be a combination of the entire complaint” violates the Federal Rules of Civil Procedure and is generally referred to as a “shotgun pleading." Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F. 3d 1313, 1321 (11th Cir. 2015). As the Eleventh Circuit has deemed such shotgun complaints as
"altogether unacceptable,” the trial court must strike the pleading and direct the plaintiff to replead. Cramer v. State of Fla., 117 F. 3d 1258, 1263 (11th Cir. 1997).
Accordingly, it is hereby
ORDERED:
The Complaint (Doc. 4) is STRIKEN. Plaintiff shall file an amended complaint consistent with the Federal Rules of Civil Procedure no later than April 25, 2025.
DONE AND ORDERED in Jacksonville, Florida, the 11th day of April, 2025.
Timothy J. Corrigan TIMOTHY J. CORRIGAN Senior United States District Judge
jcd Copies: Counsel of record
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Citator
Authorities Cited
- Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015)