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GAZA v. WEST FLORIDA-MHT, LLC, 8:15-cv-1893-T-26EAJ. (2015)

Court: District Court, M.D. Florida Number: infdco20151019827 Visitors: 16
Filed: Oct. 16, 2015
Latest Update: Oct. 16, 2015
Summary: ORDER RICHARD A. LAZZARA , District Judge . UPON DUE AND CAREFUL CONSIDERATION of the allegations of the Plaintiff's complaint, together with the parties' written submissions, it is ORDERED AND ADJUDGED that the Defendant West Florida-MHT, LLC's Motion to Dismiss Plaintiff's Complaint (Dkt. 9) is granted for two reasons. First, the Court agrees with the Defendant's contention that the Plaintiff has failed to plead sufficient facts establishing an agency relationship between the Defend
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ORDER

UPON DUE AND CAREFUL CONSIDERATION of the allegations of the Plaintiff's complaint, together with the parties' written submissions, it is ORDERED AND ADJUDGED that the Defendant West Florida-MHT, LLC's Motion to Dismiss Plaintiff's Complaint (Dkt. 9) is granted for two reasons. First, the Court agrees with the Defendant's contention that the Plaintiff has failed to plead sufficient facts establishing an agency relationship between the Defendant and Co-Defendant Medicredit, Inc. Second, the Plaintiff's complaint suffers from the pleading malady referred to as a "shotgun pleading" in that it "assert[s] multiple claims against multiple defendants without specifying which of the defendants are responsible for which acts or omissions, or which of the defendants the claim is brought against." Weiland v. Palm Beach Ctny. Sheriff's Office, 792 F.3d 1313, 1323 (11th Cir. 2015) (footnote and citations omitted).

The Plaintiff shall replead his complaint within fourteen (14) days of the entry of this order. The Defendant West Florida-MHT, LLC shall file its response to the repleaded complaint within fourteen (14) days of service of the repleaded complaint.

DONE AND ORDERED.

Source:  Leagle

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