Michael A. DeVita v. Block, Inc., Cash App Investing, LLC, Cash App, and Drive Wealth Holdings, LLC

Summary

The United States District Court for the Middle District of Alabama dismissed Michael A. DeVita’s action against Block, Inc. and related defendants without prejudice. The court overruled DeVita’s objections, adopted magistrate judge recommendations, denied his motion to recuse as moot, and struck his untimely second amended complaint. The court concluded that the operative amended complaint was an impermissible shotgun pleading and that DeVita had repeatedly failed to comply with court orders.

Holdings

1. A district court must review disputed portions of a magistrate judge's recommendation de novo, but objections must be sufficiently specific to warrant de novo review; otherwise, the recommendation is reviewed for clear error.
2. The operative amended complaint was an improper shotgun pleading because it contained vague and conclusory allegations, failed to specify the factual basis for each claim against each defendant, incorporated preceding paragraphs, and did not identify the specific statutory provisions and theories supporting the claims.
3. Dismissal without prejudice was warranted because DeVita repeatedly failed to comply with the magistrate judge's orders, failed to prosecute the action, and stated that he would not file another legally compliant complaint.
4. The second amended complaint was properly stricken because DeVita filed it out of time without seeking leave of court.

Questions Presented

1. Whether DeVita's objections to the magistrate judge's recommendations warranted de novo review and demonstrated compliance with the magistrate judge's orders.
2. Whether DeVita's amended complaint was an improper shotgun pleading that failed to comply with Federal Rules of Civil Procedure 8 and 10.
3. Whether the action should be dismissed without prejudice for repeated failure to comply with court orders and failure to prosecute.
4. Whether DeVita's untimely second amended complaint should be stricken for having been filed without leave of court.

Disposition

dismissed