PREVATTE v. WELLS FARGO BANK, NA, 5:17-cv-390-Oc-37PRL. (2017)
Court: District Court, M.D. Florida
Number: infdco20170921872
Visitors: 8
Filed: Sep. 20, 2017
Latest Update: Sep. 20, 2017
Summary: ORDER ROY B. DALTON, Jr. , District Judge . Before the Court is Defendant CBRE, Inc.'s (" CBRE ") Motion to Dismiss Count III of Plaintiffs' Complaint or Alternatively for a More Definite Statement. (Doc. 12.) CBRE seeks dismissal of Count III of Plaintiffs' Complaint, a loss of consortium claim, averring that it constitutes a "shotgun pleading" and "commingles allegations against both Defendants without distinction." ( Id. at 2.) Although technically speaking Count III could constitute
Summary: ORDER ROY B. DALTON, Jr. , District Judge . Before the Court is Defendant CBRE, Inc.'s (" CBRE ") Motion to Dismiss Count III of Plaintiffs' Complaint or Alternatively for a More Definite Statement. (Doc. 12.) CBRE seeks dismissal of Count III of Plaintiffs' Complaint, a loss of consortium claim, averring that it constitutes a "shotgun pleading" and "commingles allegations against both Defendants without distinction." ( Id. at 2.) Although technically speaking Count III could constitute a..
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ORDER
ROY B. DALTON, Jr., District Judge.
Before the Court is Defendant CBRE, Inc.'s ("CBRE") Motion to Dismiss Count III of Plaintiffs' Complaint or Alternatively for a More Definite Statement. (Doc. 12.) CBRE seeks dismissal of Count III of Plaintiffs' Complaint, a loss of consortium claim, averring that it constitutes a "shotgun pleading" and "commingles allegations against both Defendants without distinction." (Id. at 2.)
Although technically speaking Count III could constitute a "shotgun pleading" by realleging all preceding paragraphs (see Doc. 2, ¶27), the concerns implicated by such pleading practices are not raised when plaintiffs, as exemplified here, bring derivative claims. Because CBRE is capable of responding to Plaintiffs' Amended Complaint as drafted, the Court will not order repleader or a more definite statement.1
Accordingly, it is ORDERED AND ADJUDGED that Defendant CBRE, Inc.'s Motion to Dismiss Count III of Plaintiffs' Complaint or Alternatively for a More Definite Statement (Doc. 12) is DENIED.
DONE AND ORDERED.
FootNotes
1. The Court notes that co-Defendant Wells Fargo Bank, NA already answered the Amended Complaint. (See Doc. 17.)
Source: Leagle
