Reed v. ROYAL CARIBBEAN CRUISES LTD.
| Deborah Reed |
| ROYAL CARIBBEAN CRUISES LTD., A foreign corporation and ROYAL CARIBBEAN CRUISES LTD. |
| 1:2019cv24668 |
| November 12, 2019 |
| U.S. District Court for the Southern District of Florida |
| Joan A Lenard |
| Marine |
| 28 U.S.C. ยง 1333 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 First AMENDED COMPLAINT FOR DAMAGES AND DEMAND FOR TRIAL BY JURY against Deborah Reed, filed by Deborah Reed.(Aronfeld, Spencer) |
Filing 4
PAPERLESS ORDER STRIKING #1 Complaint. Plaintiff's Complaint contains a single count of negligence but lists twenty-two different ways in which Defendant was allegedly negligent. (See D.E. #1 para. 35.) In McFee v. Carnival Corp., Case No. 19-22917-Civ-Lenard, D.E. 18 (S.D. Fla. Sept. 16, 2019), this Court recently found a virtually identical practice violated the prohibition against "shotgun" pleadings, and struck the offending counts. The same attorneys who signed Mr. McFee's deficient Complaint also signed Ms. Reed's Complaint. Thus, they should have known that the Complaint is deficient.The Court finds that the #1 Complaint constitutes an impermissible "shotgun" pleading in that it "commits the sin of not separating into a different count each cause of action or claim for relief." Weiland v. Palm Beach Cty. Sherriff's Office, 792 F.3d 1313, 1323 (11th Cir. 2015). Paragraph 35(a) through (v) contain separate theories of liability that must be pled separately. See McFee, Case No. 19-22917-Civ-Lenard, D.E. 18 at 9-10 (S.D. Fla. Sept. 16, 2019) (citing Thanas v. Royal Caribbean Cruises Ltd., Civil Action No. 19-21392-Civ-Scola, 2019 WL 1755510, at *2 (S.D. Fla. Apr. 19, 2019) (striking maritime negligence claim where "[t]hrough a single 'negligence' count, [the plaintiff] asserts, without limitation, theories of liability for failure to investigate, failure to instruct, failure to warn, and negligent retention. These are separate causes of action that must be asserted independently and with supporting factual allegations."); Kercher v. Carnival Corp., Civil Action No. 19-21467-Civ-Scola, 2019 WL 1723565, at *1 (S.D. Fla. Apr. 18, 2019) (same); Gharfeh v. Carnival Corp., CASE NO. 17-20499-CIV-GOODMAN, 2018 WL 501270, at *6 (S.D. Fla. Jan. 22, 2018) (finding that single count which commingled claims of vicarious liability with allegations of direct negligence constituted an impermissible shotgun pleading); Kulakowski v. Royal Caribbean Cruises, Ltd., CASE NO. 16-21375-CIV-KING, 2017 WL 237642, at *2 (S.D. Fla. Jan. 18, 2017) (dismissing maritime negligence claim that "runs afoul of federal pleading requirements by including nineteen separate alleged breaches of the duty of care in a single count for negligence and by failing to allege facts to support the vast majority of the alleged breaches"); Brown v. Carnival Corp., 202 F. Supp. 3d 1332, 1338 (S.D. Fla. 2016) (finding that "[s]imply alleging that Carnival owed Plaintiff a duty of 'reasonable care' in a conclusory fashion, while also pleading [forty-one] alleged breaches that purport to impose a heightened duty upon Carnival, is not sufficient to state a valid negligence claim under maritime law, and advising that the burden will remain on Plaintiff to review her Complaint and ensure that each factual allegation is supported by law and plausible facts, and is alleged in good faith"); Flaherty v. Royal Caribbean Cruises, Ltd., CASE NO. 15-22295-CIV-LENARD/GOODMAN, 2015 WL 8227674, at *5 (S.D. Fla. Dec. 7, 2015) (dismissing maritime negligence claim as an impermissible shotgun pleading because, inter alia, it contained multiple causes of action in the same Count); Richards v. Carnival Corp., No. 14-23212-Civ, 2015 WL 1810622, at *3 (S.D. Fla. Apr. 21, 2015) (finding that the complaint's "laundry list of allegations does not comport with the applicable standards under federal maritime law"); Garcia v. Carnival Corp., 838 F. Supp. 2d 1334, 1337 & n.2 (S.D. Fla. 2012) (dismissing maritime negligence claim that "epitomizes a form of 'shotgun' pleading,'" where the plaintiff alleged that Defendant owed a duty of "reasonable care under the circumstances," and then "proceed[ed] to allege at least twenty-one ways in which Defendant breached this duty"); Gayou v. Celebrity Cruises, Inc., No. 11-23359-Civ, 2012 WL 2049431, at *5-6 & n.2 (S.D. Fla. June 5, 2012) (ordering plaintiff to amend complaint to "separately allege an independent count" for various theories of liability that were lumped into a single maritime negligence claim)); see also Fed. R. Civ. P. 10(b) ("A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.")."[S]hotgun pleadings wreak havoc on the judicial system." Byrne v. Nezhat, 261 F.3d 1075, 1130 (11th Cir. 2001). "Such pleadings divert already stretched judicial resources into disputes that are not structurally prepared to use those resources efficiently." Wagner v. First Horizon Pharm. Corp., 464 F.3d 1273, 1279 (11th Cir. 2006). When a plaintiff files a shotgun complaint, a district court is required to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e). Id. at 1280. Accordingly, Plaintiff shall have until and including November 27, 2019 to replead her claim(s) consistent with federal pleading standards and to the extent that the claims are supported by specific factual allegations. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/13/2019. (gie)
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| Filing 3 Summons Issued as to ROYAL CARIBBEAN CRUISES LTD.. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb) |
| Filing 1 STRICKEN PER DE 4 .. COMPLAINT against ROYAL CARIBBEAN CRUISES LTD., A foreign corporation. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-12139797, payment transferred from : 19-cv-24665, filed by Deborah Reed. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Aronfeld, Spencer) Modified on 11/14/2019 (lbc). Modified Tracking ID # on 11/21/2019 (jc). |
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