Caine v. Gualtieri
| Cindy Caine |
| Bob Gualtieri |
| 8:2023cv00157 |
| January 24, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 JUDGMENT in favor of Bob Gualtieri against Cindy Caine. Signed by Deputy Clerk on 2/9/2023. (SET) |
Filing 6
ORDER dismissing case without prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment in favor of Gualtieri, and close this case. Signed by Judge Kathryn Kimball Mizelle on 2/9/2023. (RLD)
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| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Bob Gualtieri. Related case(s): Yes (McDonough, Anne) |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Bob Gualtieri. (McDonough, Anne) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that the plaintiff's #1 Complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, the complaint contains vague and conclusory allegations and improperly fails to separate into different counts each alleged violation of Florida law (assuming that two different causes of action are alleged under Florida law). See id. at 1322-23 (identifying common types of shotgun pleadings, including one that is "replete with conclusory, vague, and immaterial facts not obviously connected to any type of action" and another is "one that commits the sin of not separating into a different count each cause of action or claim for relief."). The complaint alleges that Caine was "falsely arrested" and "detained against her will." The complaint does not mention any state law or statute that provides a claim for relief. To the extent that Caine pleads multiple violations of Florida law, she fails to separate her complaint into separate counts. This complaint fails "to give the defendants adequate notice of the claims against them and the grounds upon which each claim rests." See id. at 1323. Plaintiff must file an amended complaint complying with the Federal Rules of Civil Procedure by February 7, 2023, or this action will be dismissed. Signed by Judge Kathryn Kimball Mizelle on 1/24/2023. (RLD)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-0157-KKM-AAS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit Court in and for Pinellas County, Florida, case number 22-001048-CI filed in State Court on March 7, 2022. Filing fee $402, receipt number AFLMDC-20431347 filed by Bob Gualtieri. (Attachments: #1 State Court COMPLAINT Amended Complaint, #2 State Court ANSWER Answer, #3 State Court Docket Sheet State Court Docket Sheet, #4 State Court Other Documents All other State Court documents, #5 Civil Cover Sheet Civil Cover Sheet, #6 Exhibit Plaintiff's Answers to Defendant's Interrogatories, #7 Exhibit Plaintiff's Answers to Defendant's Requests for Admission, #8 Exhibit Plaintiff's Amended Answers to Defendant's Requests for Admission)(McDonough, Anne) |
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| Plaintiff: Cindy Caine | |
| Represented By: | William Thomas Wadley |
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| Defendant: Bob Gualtieri | |
| Represented By: | Anne F. McDonough |
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