Kasandra Santiesteban, et al. v. A-1 Entertainment Miami, LLC., et al.

Summary

The magistrate judge recommends dismissing Plaintiffs’ amended complaint with leave to amend because it constitutes a shotgun pleading and fails to state claims against certain defendants. The recommendation also addresses denial without prejudice of Plaintiffs’ motion for default final judgment and warns that failure to object within fourteen days may waive de novo and appellate review.

Holdings

1. Default final judgment should be denied without prejudice because the amended complaint is a shotgun pleading, fails to state claims against the specified defendants, and could result in inconsistent judgments while other defendants remain parties and Plaintiffs seek to hold all defendants jointly liable.
2. The complaint should be dismissed with leave to amend because Plaintiffs had not previously been given an opportunity to cure the identified deficiencies and it was not apparent that amendment would be futile.

Questions Presented

1. Whether the amended complaint should be dismissed or stricken as an impermissible shotgun pleading.
2. Whether Plaintiffs should receive an opportunity to amend before dismissal.
3. Whether default final judgment should be entered against fewer than all defendants when Plaintiffs seek joint liability and other defendants remain in the case.

Disposition

dismissed