TEARAH STEWART
v.
BARE ASSETS, INC. AND THOMAS HARVEY SHUMAN, II
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The district court dismissed Plaintiff's complaint as a 'type one' shotgun pleading because each count incorporated all preceding counts without properly separating factual allegations by claim. The court granted leave to amend.
The complaint qualifies as a 'type one' shotgun pleading because each count incorporates the allegations of all preceding counts without properly separating factual allegations into distinct counts. The complaint must be dismissed without prejudice and plaintiff must amend to incorporate appropriate factual allegations into each count.
[1] A complaint is properly dismissed as a "shotgun pleading" when each count adopts the allegations of all preceding counts, causing each successive count to carry all that…
[2] A "type one" shotgun pleading is characterized by multiple counts where each count incorporates the allegations of all preceding counts.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The most common type—by a long shot—is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint.”
Establishes the definition of a 'type one' shotgun pleading that applies to plaintiff's complaint
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Join FLexlaw to unlock all legal intelligencePlaintiff Tearah Stewart filed a complaint against Bare Assets, Inc. and Thomas Harvey Shuman, II. The complaint contained multiple counts, each of wh…
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This case is before the Court on review of Plaintiffs complaint. (Doc. 1). The complaint is due to be dismissed as a shotgun pleading. There are four types of shotgun pleadings:
[1] The most common type—by a long shot—is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint. [2] The next most common type...is a complaint that... is guilty of the venial sin of being replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action. [3] The third type of shotgun pleading is one that commits the sin of not separating into a different count each cause of action or claim for relief. [4] Fourth, and finally, there is the relatively rare sin of asserting 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 Cnty. Sheriff's Off., 792 F. 3d 1313, 1321–23 (11th Cir. 2015) (footnotes omitted). Plaintiffs complaint constitutes a “type one” shotgun
pleading because each count incorporates the allegations of all preceding counts. Plaintiff must amend the complaint to incorporate the appropriate factual allegations into each count. Accordingly, it is hereby
ORDERED:
1. The Complaint (Doc. 1) is DISMISSED without prejudice. 2. No later than December 12, 2025, Plaintiff shall file an amended complaint addressing the issues identified in this Order.
DONE AND ORDERED in Jacksonville, Florida, the 20th day of November, 2025.
Timothy J. Corrigan TIMOTHY J. CORRIGAN Senior United States District Judge
hms Copies: Counsel of record
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Citator
Authorities Cited
- Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015)