VIRGINIA EMERSON HOPKINS, District Judge.
Plaintiffs, who are representing themselves, initiated this case in the Circuit Court of Madison County on July 29, 2014, and named a mixture of fifteen individuals and entities as defendants. (Doc. 1-1 at 1).
Pending before the court are Ocwen's Motion To Dismiss Plaintiffs' Complaint (Doc. 8) ("Ocwen's Motion"), and Defendants Jason Tingle and Jauregui & Lindsey, LLC's Motion To Dismiss Plaintiffs' Complaint (Doc. 9) ("Tingle's Motion"), both of which were filed on September 4, 2014. As explained below, the Motions are
As an initial matter, "[p]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed." Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998) (citing Fernandez v. United States, 941 F.2d 1488, 1491 (11th Cir. 1991)). Accordingly, Plaintiffs' allegations asserted against Defendants are not appropriately subject to dismissal simply because they lack procedural precision or completeness in the context of Rule 8 of the Federal Rules of Civil Procedure.
Rule 8 sets for several general rules regarding pleadings and provides in pertinent part:
Fed. R. Civ. P. 8(a), 8(d)(1).
A Rule 12(b)(6) motion attacks the legal sufficiency of the complaint. See Fed. R. Civ. P. 12(b)(6) ("[A] party may assert the following defenses by motion: (6) failure to state a claim upon which relief can be granted[.]"). The Federal Rules of Civil Procedure require only that the complaint provide "`a short and plain statement of the claim' that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L. Ed. 2d 80 (1957) (footnote omitted) (quoting Fed. R. Civ. P. 8(a)(2)), abrogated by Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 1965, 167 L. Ed. 2d 929 (2007); see also Fed. R. Civ. P. 8(a) (setting forth general pleading requirements for a complaint including providing "a short and plain statement of the claim showing that the pleader is entitled to relief").
While a plaintiff must provide the grounds of his entitlement to relief, Rule 8 does not mandate the inclusion of "detailed factual allegations" within a complaint. Twombly, 550 U.S. at 555, 127 S. Ct. at 1964 (quoting Conley, 355 U.S. at 47, 78 S. Ct. at 103). However, at the same time, "it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Twombly, 550 U.S. at 563, 127 S. Ct. at 1969.
"[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth." Iqbal, 556 U.S. at 679, 129 S. Ct. at 1950. "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Id. "When there are well-pleaded factual allegations, a court should assume their veracity and then determine
A claim is plausible on its face "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678, 129 S. Ct. at 1949. "The plausibility standard is not akin to a `probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly, 550 U.S. at 556, 127 S. Ct. at 1965).
Fed. R. Civ. P. 12(e). As the former Fifth Circuit has explained the balance to strike between Rule 12(b)(6) and Rule 12(e):
Mitchell v. E-Z Way Towers, Inc., 269 F.2d 126, 130 (5th Cir. 1959) (emphasis added);
Both Ocwen's Motion and Tingle's Motion point out the rambling and otherwise procedurally unacceptable nature of Plaintiffs' complaint and maintain that such procedural non-compliance warrants a dismissal of their case. (See, e.g. Doc. 8 at 3 ("Based on these allegations, Plaintiffs list fifteen (15) federal causes of action and eleven (11) state law claims in the Complaint. . . . asserted in a generic list against all defendants as a whole.")). The court agrees that Plaintiffs' complaint, even when measured under the less stringent pro se pleading lens, is woefully inadequate.
In particular, the shotgun format of their pleading makes it impossible for
However, despite the numerous and substantial deficiencies with Plaintiffs' complaint, the court concludes that requiring Plaintiffs to replead, rather than dismissing their case outright, is the appropriate action for it to take, especially given Plaintiffs' pro se status. In repleading, Plaintiffs must study the Davis decision and the numerous cases cited therein and draft a much more definite and comprehendible pleading.
More particularly, the claims of each plaintiff against each defendant must be set forth in separately numbered counts. Further, Plaintiffs' new pleading must include only plausibly stated claims and avoid lumping causes of action together. Plaintiffs also must attach and appropriately label copies of all exhibits that are referenced within their restated complaint at the time it is filed. Additionally, Plaintiffs should endeavor to streamline all their claims and allegations and reduce unnecessary duplication of their contentions.
Therefore, Ocwen's Motion and Tingle's Motion are
Davis, 516 F.3d at 979 n.54.