Delancy v. CVS Health
| Lisa J Delancy |
| CVS Health, Andrew Zanin, Joseph Anderson, Gary Loeber and Melody Joyner |
| 8:2025cv01207 |
| May 11, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2025. A more recent docket listing may be available from PACER.
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| Filing 14 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (GL) |
| Filing 13 JUDGMENT dismissing this action without prejudice. Signed by Deputy Clerk on 6/27/2025. (GL) |
Filing 12
ENDORSED ORDER: Upon review, the Court finds that the plaintiff's #11 second amended complaint failed to cure the insufficiencies in the #9 amended complaint that the Court previously identified. Specifically, the second amended complaint fails to separate into different counts each alleged violation of the referenced employment discrimination laws. The Court warned the plaintiff, who is herself a member of the Middle District of Florida bar, that submitting another shotgun pleading may result in the dismissal of the action. (Doc. 10). As a result, the plaintiff's action is dismissed without prejudice. See Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1297 (11th Cir. 2018) (declining to require the district court to give the plaintiff, who was represented by counsel, a second chance to replead his complaint because the district court gave him "specific instructions" on how to amend his shotgun pleading and "[h]e did not fix it"); Barmapov v. Amuial, 986 F.3d 1321, 1326 (11th Cir. 2021) (affirming lower court's dismissal of second amended complaint with prejudice after the plaintiff was given an opportunity to amend his shotgun pleading but the plaintiff "squandered that opportunity"). If the plaintiff elects to bring a new action, she should comply with all of the Local Rules, including the typeface requirements. See Local Rule 1.08. The Clerk is directed to ENTER JUDGMENT, which shall read "This action is dismissed without prejudice," to TERMINATE any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 6/26/2025. (KMP)
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| Filing 11 SECOND AMENDED COMPLAINT against All Defendants with Jury Demand filed by Lisa J Delancy. Related document: #3 Complaint filed by Lisa J Delancy, #4 Complaint filed by Lisa J Delancy, #1 Complaint filed by Lisa J Delancy.(Delancy, Lisa) Modified on 6/26/2025 to edit docket text (ELA). |
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Filing 10
ENDORSED ORDER: Upon review, the Court finds that the plaintiff's #9 Amended 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 fails to separate into different counts each alleged violation of the referenced employment discrimination laws. 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."). The plaintiff must specify the causes of action under separate headings for each count. Accordingly, the plaintiff's complaint is DISMISSED, and the plaintiff is granted leave to amend her complaint no later than June 27, 2025. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/17/2025. (KMP)
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| Filing 9 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Lisa J Delancy.(Delancy, Lisa) |
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Filing 8
ENDORSED ORDER: Upon review, the Court finds that the plaintiff's #2 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 plaintiff brings "multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against." Id. at 1322. Additionally, although the complaint gestures to several federal statutes, it fails to identify the statutes or separate the claims into different counts. 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."). Accordingly, the plaintiff's complaint is DISMISSED. The plaintiff is granted leave to amend her complaint no later than June 18, 2025. Any amended complaint should identify which defendant is responsible for which conduct and plausibly allege how that states a claim for relief, separating out each claim for relief. If the plaintiff fails to amend her complaint or submits another shotgun pleading, this action may be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 5/28/2025. (KMP)
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| Filing 7 SUMMONS issued as to Joseph Anderson, CVS Health, Gary Loeber, Andrew Zanin. (MLB) |
| Filing 6 PROPOSED summons to be issued by Lisa J Delancy. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons)(Delancy, Lisa) |
| Filing 5 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Natalie Hirt Adams. New case number: 8:25-cv-1207-KKM-NHA. (RPB) |
| Filing 4 Exhibit re #2 Complaint by Lisa J Delancy.(Delancy, Lisa) Modified on 5/15/2025 as to docket text (ARL). |
| Filing 3 Exhibits re #2 Complaint by Lisa J Delancy.(Delancy, Lisa) Modified on 5/15/2025 as to docket text (ARL). |
| Filing 2 COMPLAINT against All Defendants, with Jury Demand filed by Lisa J Delancy.(Delancy, Lisa) Modified on 5/15/2025 as to docket text (ARL). |
| Filing 1 Civil Cover Sheet (Filing fee $405 receipt number BFLMDC-23344695) filed by Lisa J Delancy.(Delancy, Lisa) Modified on 5/14/2025 to add receipt# (AJS). Modified on 5/15/2025 as to docket text (ARL). |
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