Henderson v. Equifax Information Services, LLC et al
| Jamie Key Henderson |
| Equifax Information Services, LLC, TransUnion, LLC and Experian Information Solutions, Inc. |
| 8:2022cv01714 |
| August 8, 2022 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
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Filing 12
ENDORSED ORDER: Upon review, the Court determines that Plaintiff's Second Amended Complaint constitutes an impermissible shotgun pleading. Specifically, he "re-allege[s] the paragraphs above by reference," in each count, (Doc. 11), "causing each successive count to carry all that came before." See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Accordingly, this second amended complaint is dismissed without prejudice. Plaintiff may have one final opportunity to cure this defect by October 12, 2022. Signed by Judge William F. Jung on 10/4/2022. (MEV)
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| Filing 11 AMENDED COMPLAINT against Jamie Key Henderson with Jury Demand. filed by Jamie Key Henderson.(Henderson, Cassandra) |
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Filing 10
ENDORSED ORDER: Upon review, the Court finds that Plaintiff's #9 Amended Complaint still constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, all three counts still improperly fail to separate into different counts each alleged violation of separate provisions of the Fair Credit Reporting Act. See id. at 1322-23 ("The third type of shotgun pleading is one that commits the sin of not separating into a different count each cause of action or claim for relief."). As noted in the Court's first order, each claim must be separated into a separate count. Additionally, the Amended Complaint improperly incorporates by reference the allegations of the prior counts leading to a situation where Counts II and III contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the Court DISMISSES without prejudice Plaintiff's Amended Complaint. Plaintiff may have one final chance amend his complaint to comply with the Federal Rules of Civil Procedure by September 30, 2022, or this action will be dismissed. Signed by Judge William F. Jung on 9/16/2022. (MEV)
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| Filing 9 AMENDED COMPLAINT against Jamie Key Henderson with Jury Demand. Filed by Jamie Key Henderson.(Henderson, Cassandra) |
| Filing 8 NOTICE of Appearance by Cassandra Nicole Henderson on behalf of Jamie Key Henderson. (Henderson, Cassandra) |
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Filing 7
ORDER striking Complaint #1 as a shotgun pleading. By September 16, 2022, Plaintiff may file an amended complaint consistent with the directives of this Order and in compliance with Federal Rules of Civil Procedure 8(a)(2) and 10(b). Failure to file an amended complaint by this deadline will result in dismissal of the action without further notice. Signed by Judge William F. Jung on 8/18/2022. (LG)
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #3 Standing Order by Jamie Key Henderson. (KME) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Jamie Key Henderson. Related case(s): No (KME) |
| Filing 4 RETURN of service executed on 08/09/2022 by Jamie Key Henderson as to Experian Information Solutions, Inc. (KME) |
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Filing 3
CIVIL CASE STANDING ORDER Signed by Judge Kathryn Kimball Mizelle on 8/9/2022. (MEV)
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| Filing 2 SUMMONS issued as to Equifax Information Services, LLC, Experian Information Solutions, Inc., TransUnion, LLC. (MCB) |
| Filing 1 COMPLAINT against Equifax Information Services, LLC, Experian Information Solutions, Inc., TransUnion, LLC with Jury Demand ( Filing fee $402.00, receipt number TPA67030 ) filed by Jamie Key Henderson. (Attachments: #1 Civil Cover Sheet)(MCB) |
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