United States District Court, M.D. Florida, Tampa Division
D. WHITTEMORE, UNITED STATES DISTRICT JUDGE.
THE COURT are Defendants' Motion to Dismiss
Plaintiffs Amended Complaint (Dkt. 37), and Plaintiffs
response (Dkt. 40). Upon consideration, the Defendants'
motion (Dkt. 37) is GRANTED.
complaint should contain a "short and plain statement of
the claim showing that the pleader is entitled to
relief." Fed.R.Civ.P. 8(a)(2). This Rule does not
require detailed factual allegations, but a complaint must
include more than unadorned or conclusory accusations of
harm. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
The complaint must "plead all facts establishing an
entitlement to relief with more than 'labels and
conclusions' or a 'formulaic recitation of the
elements of a cause of action.'" Resnick v.
AvMed, Inc., 693 F.3d 1317, 1324 (11th Cir. 2012)
(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 554,
555 (2007)). "A claim has facial plausibility when the
plaintiff pleaded factual content allows the court to draw
the reasonable inference that the defendant is liable for the
misconduct alleged." Iqbal, 556 U.S. at 678
(citing Twombly, 550 U.S. at 556).
the Amended Complaint evidences an attempt to correct some of
the issues identified in the prior Order (Dkt. 32), it still
includes deficiencies rendering it subject to dismissal under
Rule 12(b). See, e.g., Fed. R. Civ. P. 8(a). These
include, but are not limited to, (1) the mere recitation of
the statutory language of the Fair Debt Collection Practices
Act (FDCPA) and the Florida Consumer Collections Practices
Act (FCCPA), without alleging facts to provide Defendants
notice of how they violated those statutes, (2) the absence
of an ad damnum clause in Count I, (3) the inclusion
of conclusory allegations that each defendant is a "Debt
collector" within the meaning of the FDCPA and FCCPA,
and (4) Count VII purports to state a claim against Defendant
Shuttera, but only includes allegations against Defendant
the Amended Complaint constitutes a shotgun pleading as it
incorporates all of the paragraphs of Count I 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. District Bd. of Trs. of Cent.
Fla. Cmty. Coll., 11 F.3d 364, 366 (11th Cir.
1996)). Count 1 incorporates the fourteen paragraphs of
general allegations (Dkt. 34 at p. 14), and includes an
additional twenty-one renumbered paragraphs (id. at
pp. 14-21). Counts II through VII, however, incorporate only
the twenty-one paragraphs from Count I. See
(id. at ¶¶ 22, 24, 26, 28, 30, 32).
also fails to separate "into a different count each
cause of action or claim for relief." Weiland v.
Palm Beach Cnty. Sheriff's Office, 792 F.3d 1313,
1323 (11th Cir. 2015). Count I, including its header, alleges
that defendants conspired to "commit a violation of the
FCCPA and/or FDCPA." See (Dkt. 34 at p. 14;
(Count I) ¶¶ 2, 3, 20) (emphasis added).
the Amended Complaint is "replete with conclusory,
vague, and immaterial facts not obviously connected to any
particular cause of action." Weiland, 792 F.3d.
at 1322. For instance, the Amended Complaint
contains unnecessary citations to case law, as well as
detailed citations and quotations to the FDCPA and FCCPA.
See (Dkt. 34 at ¶¶ 5, 6, 7, 8, 13, 14).
And the Amended Complaint fails to make clear what conduct
applies to each defendant. See (id. at
Count I ¶¶ 3a-d, 12, 16, 17, 20e).
the Amended Complaint fails to conform to the requirements
under Rule 8, and fails "to give the defendants adequate
notice of the claims against them and the grounds upon which
each claim rests." Weiland, 792 F.3d at 1323.
The Eleventh Circuit has recognized the impropriety of
shotgun pleadings. See id; Jackson v. Bank of America,
N.A., 898 F.3d 1248 (11th Cir. 2018).
anticipating that one or more of the claims do not include
sufficient factual allegations, Plaintiff requests leave to
amend. See (Dkt. 40 at p. 2) ("the undersigned
would like to in standard [sic] amend the Amended
Complaint"). In this Circuit, "a district court
should give a plaintiff an opportunity to amend his complaint
rather than dismiss it when it appears that a more
carefully drafted complaint might state a claim upon
which relief could be granted." Friedlander v.
Nims, 755 F.2d 810, 813 (11th Cir. 1985) (emphasis
the Amended Complaint (Dkt. 34) is DISMISSED without
prejudice. Plaintiff is granted leave to file a
Second Amended Complaint within ten (10)
days of this Order that complies with Rules 8(a),
and 11(b) of the Federal Rules of Civil Procedure, and this
Court's prior Order (Dkt. 32). Failure to do so will
result in dismissal of this action without further notice.
 In addition, the Amended Complaint
contains various typographical and grammatical errors that
render it ambiguous and/or difficult to follow. See,
e.g., (Dkt. 34 at Count I, ¶¶ 2, 4, 12, 13,