Brown v. Sunbility LLC
| Stephanie Brown |
| Sunbility LLC |
| 8:2023cv01660 |
| July 24, 2023 |
| US District Court for the Middle District of Florida |
| Mac R McCoy |
| Kathryn Kimball Mizelle |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. ยง 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 SUMMONS issued as to Sunbility LLC. (MCB) |
| Filing 8 AMENDED COMPLAINT against Sunbility LLC with Jury Demand filed by Stephanie Brown.(McBride, Ryan) Modified text on 8/9/2023 (KME). |
| Filing 7 Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-1660-KKM-UAM. Magistrate Judge Mac R. McCoy no longer assigned to the case. (AG) |
| Set/reset deadlines/hearings: Amended Complaint due by 8/7/2023 (JK) |
Filing 6
ENDORSED ORDER: Upon review, the Court finds that this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015). Specifically, each count "re-alleges and incorporates the foregoing allegations as if fully set forth herein." See, e.g., Compl. (Doc. #1) pp. 56, 63. The result is that Count II fully incorporates the rest of the complaint. Weiland, 792 F.3d 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."). Thus, Brown's complaint is DISMISSED without prejudice, and she is granted leave to file an amended complaint no later than August 7, 2023. If Plaintiff fails to amend the complaint this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 7/25/2023. (ZG)
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Filing 5
CIVIL CASE STANDING ORDER. Each Party must file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days. Signed by Judge Kathryn Kimball Mizelle on 7/24/2023. (ZG)
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| Filing 4 CORPORATE Disclosure Statement by Stephanie Brown. (McBride, Ryan) |
| Filing 3 NOTICE of Lead Counsel Designation by Ryan Lee McBride on behalf of Stephanie Brown. Lead Counsel: Ryan McBride. (McBride, Ryan) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-1660-KKM-MRM. (ARC) |
| Filing 1 COMPLAINT against Sunbility LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-21072283) filed by Stephanie Brown. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(McBride, Ryan) |
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| Plaintiff: Stephanie Brown | |
| Represented By: | Ryan Lee McBride |
| Represented By: | Mohammad Kazerouni |
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| Defendant: Sunbility LLC | |
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