Bayne et al v. Taishan Gypsum Co. Ltd. et al
| RANDY BAYNE, John Anderson, Anne Banks, Thomas Banks, Calvin Duncan, Debra Duncan, Bryon Ellison, Ensign Capital, LLC, Terry Hosey, John Kennedy, Megan Spain, Jerry Carroll, 1st Franklin Financial Corp., Dolly Lott, Brandy Merrell, Sanjay Patel, Royce Pruitt, Rhonda Pruitt, Dwayne Punch, Dolly Punch, Claude Randy Bayne, Troyce Pruitt and Sharoj Patel |
| Taishan Gypsum Co. Ltd., TAI'AN TAISHAN PLASTERBOARD CO., LTD., Tai'an Taishan Plasterboard Co., LTD and Shandong Taihe Dongxin Co., LTD |
| 8:2024cv00188 |
| January 19, 2024 |
| US District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 8 JUDGMENT dismissing this action without prejudice ( Signed by Deputy Clerk) (ARL) |
Filing 7
ENDORSED ORDER dismissing action without prejudice because the earlier Order #6 striking the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-22 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint." (citations omitted)). The Clerk is directed to ENTER JUDGMENT, which shall read "This action is dismissed without prejudice," TERMINATE any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 2/8/2024. (CMM)
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| Filing 6 Upon review, the Court finds that the #1 Complaint is an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "incorporates and adopts by reference the allegations in" the prior counts. See id. ("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 #1 Complaint, is DISMISSED without prejudice. Plaintiffs may refile an amended complaint no later than February 6, 2024. If Plaintiffs fail to refile in a timely manner or submit another shotgun pleading, this action will become subject to dismissal without further notice. Signed by Judge Kathryn Kimball Mizelle on 1/23/2024. (CMM) |
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Filing 5
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also 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 after appearing. Signed by Judge Kathryn Kimball Mizelle on 1/23/2024. (CMM)
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| Filing 4 NOTICE TO COUNSEL James Victor Doyle, Sr., James Victor Doyle, Jr. of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (EAM) |
| Filing 3 NOTICE TO COUNSEL James Victor Doyle, Jr. of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Natalie Hirt Adams. New case number: 8:24-cv-00188-KKM-NHA. (JG) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-21678531) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Doyle, James) |
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