Reed v. Crst Van Expedited, Inc.

Middle District of Florida, flmd-8:2017-cv-00199

ORDER striking {{6}} Amended Complaint. Signed by Judge James D. Whittemore on 2/14/2017. (JJB)

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PageID 77 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION WALTER REED, Plaintiff, Case No .: 8: 17 - cv - 199 - T - 27TBM TRUCKING CAREERS OF AMERICA, LLC, and CRST VAN EXPEDITED, INC ., Defendants. ORDER This cause is before the Court upon sua sponte review of Plaintiff's Amended Complaint and Demand for Jury Trial (Dkt. 6) . Plaintiff's Amended Complaint, like his Complaint (Dkt. 1), is a shotgun pleading that incorporates all of the preceding paragraphs in each claim for relief, making it " virtually impossible to know which allegations of fact are intended to support which claim (s) for relief. ' " Paylor v. Hartford Fire Ins. Co ., 748 F. 3d 1117, 1125 - 26 (11th Cir. 2014) (quoting Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll ., 77 F. 3d 364, 366 (11th Cir. 1996)) . The proper remedy for a shotgun complaint is to strike the complaint and order a repleader. Id. at 1127. Accordingly, Plaintiff's Amended Complaint (Dkt. 6) is STRICKEN. Plaintiff is granted leave to file a Second Amended Complaint within fourteen (14) days of the date of this Order, failing which this case will be dismissed without further notice. DONE AND ORDERED this 13 day of February, 2017. Whittense JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record