Vickers v. Enterprise Leasing Company of Florida, LLC et al
| Sherman Vickers |
| Enterprise Leasing Company of Florida, LLC, Enterprise Holdings, Inc. and Does 1 through 20, inclusive |
| 8:2026cv02053 |
| July 22, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing 4
ENDORSED ORDER: Upon review, the Court finds that the complaint (Doc. #1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count appears to improperly reallege all preceding paragraphs, leading to a situation where it contains 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."). Additionally, the complaint "assert[s] 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 1323. Accordingly, the complaint is DISMISSED, and the plaintiff is granted leave to amend his complaint no later than August 7, 2026. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without prejudice without further notice. Should the plaintiff amend, he must ensure that the paragraph numbering is continuous. For example, Count Ten purports to incorporate paragraphs 1 through 109 but the preceding paragraphs instead repeatedly use small batches of lower numbers, each starting back at 1. Further, the plaintiff depends on diversity jurisdiction but fails to properly allege the citizenship of Defendants Enterprise Leasing Company of Florida, LLC and Enterprise Holdings, Inc. See, e.g., Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218, 1220 (11th Cir. 2017) ("When determining citizenship of the parties for diversity jurisdiction purposes, a limited liability company (LLC) is a citizen of every state that any member is a citizen of. And it is common for an LLC to be a member of another LLC. Consequently, citizenship of LLCs often ends up looking like a factor tree that exponentially expands every time a member turns out to be another LLC, thereby restarting the process of identifying the members of that LLC."); Am. Motorists Ins. Co. v. Am. Emp. Ins. Co., 600 F.2d 15, 16 n.1 (5th Cir. 1979) ("For purposes of determining diversity of citizenship a corporation is deemed 'a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.' The plaintiffs are required to provide this information in their pleadings." (citation modified)). The Court notes that the complaint lists "Does 1-20." Should the plaintiff wish to keep such defendants in any amended complaint, the plaintiff shall show why the complaint should not be dismissed as to the unnamed parties. See Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010) ("As a general matter, fictitious-party pleading is not permitted in federal court."). To sue an unnamed party, the complaint must describe the unnamed defendants with enough specificity to enable service of process. See Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). Plaintiff's current pleading does not even come close to meeting this standard. Signed by Judge Kathryn Kimball Mizelle on 7/24/2026. (GTD)
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| Filing 3 NOTICE to Sherman Vickers - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers. (AA) |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Sherman Vickers. (Attachments: #1 Mailing Envelope)(AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 1 COMPLAINT against Does 1 through 20, inclusive, Enterprise Holdings, Inc., Enterprise Leasing Company of Florida, LLC with Jury Demand filed by Sherman Vickers. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(AA) |
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