Matthew F. Ross v. Turquoise Bay Resort LLC and Robert Ryan Knight

Summary

The United States District Court for the Middle District of Florida dismissed Matthew F. Ross’s Amended Complaint without prejudice because it remained an impermissible shotgun pleading. The court declined to grant further leave to amend, directed entry of judgment, denied pending motions as moot, and closed the case.

Holdings

1. The Amended Complaint was still a shotgun pleading because multiple counts incorporated allegations from preceding counts in violation of Eleventh Circuit pleading requirements.
2. The court declined to grant further leave to amend because Plaintiff had already been given an opportunity to correct the shotgun-pleading defects and had been warned that failure to comply could result in dismissal and closure of the action.

Questions Presented

1. Whether the Amended Complaint remained an impermissible shotgun pleading because its counts incorporated allegations from preceding counts.
2. Whether the court should grant Plaintiff another opportunity to amend after his failure to cure the previously identified pleading deficiencies.

Disposition

dismissed