Alexandra DeMaio, on behalf of minors L.D., H.D., and R.D., and Tara Recine v. Royal Caribbean Group

Summary

The United States District Court for the Southern District of Florida addresses Royal Caribbean Group’s motion to dismiss a second amended complaint arising from an alleged incident aboard a cruise ship. The court dismisses the complaint without prejudice as a shotgun pleading and dismisses claims brought by a pro se plaintiff on behalf of her mother and minor children, while permitting amendment. The court grants the motion in part and denies it in part, allowing the plaintiff until March 2, 2026, to file a compliant third amended complaint.

Holdings

1. A pro se litigant may represent only herself and may not assert claims on behalf of another person, including a parent or minor child. Parents may sue on behalf of minors under Rule 17(c), but may not serve as the minors' legal counsel.
2. A complaint is subject to dismissal under Rule 8 when it combines separate theories and claims in a manner that fails to give the defendant adequate notice of the claims and the grounds on which each rests.
3. The false-imprisonment claim was dismissed on shotgun-pleading grounds rather than under Rule 12(b)(6), and the court did not decide whether the allegations substantively stated a false-imprisonment claim.
4. A pro se plaintiff must generally be given an opportunity to amend when a more carefully drafted complaint might state a claim, absent a recognized reason to deny leave.

Questions Presented

1. Whether DeMaio, proceeding pro se, could assert claims on behalf of her mother and minor children.
2. Whether the Second Amended Complaint was an impermissible shotgun pleading under Federal Rules of Civil Procedure 8(a)(2) and 10(b).
3. Whether the false-imprisonment claim should be dismissed under Rule 12(b)(6) or subjected to a more definite statement under Rule 12(e).
4. Whether DeMaio should be granted leave to amend the deficient complaint.

Disposition

dismissed