Amarrii Davis v. Walmart, Inc.

Summary

The United States District Court for the Middle District of Florida granted Walmart, Inc.’s motion to dismiss Amarrii Davis’s Fifth Amended Complaint with prejudice. The court held that the complaint was an impermissible shotgun pleading, failed to comply with applicable procedural rules, and did not adequately allege the elements of the asserted discrimination, failure-to-promote, disability, and retaliation claims. The court directed the Clerk to close the case.

Holdings

1. The fifth amended complaint was an impermissible shotgun pleading because it combined claims under multiple statutes and theories without connecting factual allegations to particular claims, incorporated prior allegations into each count, and made it unclear which facts supported which causes of action.
2. The fifth amended complaint failed to state plausible claims because it did not allege the required elements of the asserted causes of action, including the elements of failure to promote and disability discrimination.
3. Dismissal with prejudice was appropriate because the plaintiff failed to cure defects identified in prior orders despite receiving multiple opportunities to amend and an express warning that failure to cure could result in dismissal with prejudice.

Questions Presented

1. Whether the fifth amended complaint violated the Federal Rules of Civil Procedure and local pleading requirements by constituting an impermissible shotgun pleading.
2. Whether the fifth amended complaint adequately stated claims for employment discrimination, failure to promote, disability discrimination, hostile work environment, and retaliation.
3. Whether dismissal with prejudice was appropriate after the plaintiff failed to cure defects identified in prior dismissal orders.

Disposition

dismissed