559 Florida cases classified under this topic, plus 337 listed through its narrower topics · sorted by citation count · browse and sort
-
The court granted leave to amend the counterclaim to cure pleading deficiencies, finding that while the proposed pleading was a shotgun pleading, it was not futile and the prior pleadings also suffered from similar issues.
-
The court granted leave to amend to add claims against new defendants but denied leave to add a spoliation claim against the original defendant, finding it futile.
-
S.D. Fla.·
2022-09-09
The court adopted the magistrate judge's report and recommendations, granting the motion to dismiss and denying the motion for leave to amend.
-
The Court granted in part Plaintiff's motion for an extension of time to file a third amended complaint and granted in part his motions for clarification regarding the presiding judge and the prior dismissal order.
-
S.D. Fla.·
2022-08-23
The court denied the plaintiff's motion to vacate the default and judgment, and denied the motion for leave to amend the complaint.
-
The court held that a plaintiff's second amended complaint, filed without leave of court after the deadline, would be stricken and leave to amend denied.
-
The court granted the plaintiff's motion to amend its fourth affirmative defense to change the title from 'Collateral Estoppel' to 'Res Judicata'.
-
The court held that leave to amend the complaint is granted in part to add claims related to Patent '567, but denied for claims related to sales to the U.S. Government and other companies.
-
The court held that most of the plaintiff's claims, including retaliation and failure to protect, were not plausibly pleaded or were barred by Heck v. Humphrey. However, the retaliation claim against one defendant survived dismissal.
-
The court held that a summons served after a case was dismissed and while administratively closed, which failed to substantially comply with Federal Rule of Civil Procedure 4, is procedurally deficient and must be quashed.
-
The Court held that the plaintiff's complaint was an impermissible shotgun pleading and must be stricken.
-
The Court denied the Plaintiff's emergency motion for a temporary restraining order and preliminary injunction, as well as her request to amend the complaint.
-
S.D. Fla.·
2022-07-04
The court denied the defendant's motion to dismiss, finding that the plaintiff adequately stated claims for breach of contract and breach of fiduciary duty, and that the defendant had not waived personal jurisdiction.
-
The court denied the plaintiff's motion to amend her complaint for a second time because she failed to show good cause for the delay.
-
The court granted in part and denied in part C&C's motion for a protective order, granted the EEOC's motion to amend the complaint, and granted unopposed motions for extensions of time.
-
The court held that the plaintiffs' allegations sufficiently stated claims for retaliation, disparate treatment, and retaliatory hostile work environment, and that individual defendants could be held liable under § 1981.
-
S.D. Fla.·
2022-05-25
In this First Amendment retaliation and false arrest case, the district court denied the defendant officer's motion to dismiss claims arising from plaintiff's arrest at a 2020 Miami protest after he criticized police while filming and speaking through a megaphone. The court held
-
34 F.4th 1251·
11th Cir.·
2022-05-24
The court held that the contract was for the sale of goods, making Wadley's breach of contract claim time-barred by the UCC's four-year statute of limitations, and affirmed the grant of summary judgment for unpaid invoices.
-
The court held that the plaintiff's Fourth Amended Complaint was permissibly filed under Rule 15(a)(1)(B) as it was timely filed after the defendants' answer, and alternatively, good cause existed to grant leave to amend.
-
S.D. Fla.·
2022-05-09
The court denied the defendant's motion to amend its answer and affirmative defenses because the defendant failed to demonstrate good cause for the delay under Rule 16(b).
-
The court held that the plaintiff's filings did not establish subject matter jurisdiction, and therefore, the case must be dismissed.
-
The court denied the plaintiff's motions, adopting the magistrate judge's recommendation to dismiss the third amended complaint for failing to comply with federal rules regarding shotgun pleadings.
-
S.D. Fla.·
2022-03-29
The court affirmed in part and adopted the magistrate judge's report, denying the corporate defendants' motion to dismiss but granting defendant Flores's motion to dismiss with leave to amend.
-
N.D. Fla.·
2022-03-28
The court denied plaintiff's motion for leave to amend his complaint to add negligence claims, finding them untimely and procedurally deficient.
-
The court held that a complaint must properly establish subject matter jurisdiction and avoid "shotgun pleading" to proceed.
-
The court granted plaintiffs' motion for leave to file a second amended complaint, finding no undue delay, prejudice, or futility.
-
Timothy John Miers challenged his federal convictions for kidnapping and interstate domestic violence through a habeas petition under 28 U.S.C. § 2255, arguing his trial counsel was ineffective and that his sentence violated double jeopardy protections. The district court denied
-
The court held that Plaintiffs failed to establish standing for Jet ICU to bring an ERISA claim due to an anti-assignment clause in the plan and lack of proper assignment, and that the complaint failed to identify specific plan provisions for the claim.
-
The court held that the plaintiff's complaint constituted an impermissible shotgun pleading and must be stricken.
-
The Court holds that the Plaintiff's complaint is an impermissible shotgun pleading and strikes it.
-
The court granted plaintiffs' motion to amend their complaint to drop remaining claims and enter final judgment in favor of defendants, allowing for immediate appellate review.
-
The court denied the plaintiff's motion to modify the scheduling order to add nineteen new defendants and extend pre-trial deadlines.
-
M.D. Fla.·
2022-01-03
The court held that while most of the plaintiff's claims were properly dismissed, she should be granted leave to amend her complaint to attempt to state a plausible claim, except for claims dismissed with prejudice.
-
S.D. Fla.·
2021-12-08
The court held that reconsideration of its prior dismissal order was not warranted, and denied the plaintiffs' request for leave to file an amended complaint.
-
The court held that the plaintiff's complaint was an impermissible shotgun pleading but that amendment would not be futile, thus granting leave to amend.
-
S.D. Fla.·
2021-10-23
The court held that the plaintiff established good cause to amend the complaint after the deadline to add new parties and a copyright infringement claim, satisfying both Rule 16 and Rule 15 of the Federal Rules of Civil Procedure.
-
The court held that the plaintiff failed to demonstrate good cause to amend her complaint after the deadline to add parties had passed.
-
The court held that the complaint was deficient because it failed to properly allege diversity jurisdiction and constituted a shotgun pleading.
-
The court held that the complaint failed to adequately establish diversity jurisdiction and constituted a shotgun pleading.
-
M.D. Fla.·
2021-10-06
The court held that the plaintiff's second amended complaint was an impermissible shotgun pleading and dismissed the case with prejudice.
-
The court denied the plaintiff's motion for leave to file a third amended complaint because all proposed amendments were futile.
-
Plaintiffs Craig and Yvonne Davis sued Little Giant Ladder Systems, LLC (formerly Wing Enterprises, Inc.) for injuries from a defective Velocity Model 22 ladder that failed when Craig Davis used it to hang Christmas lights in December 2018, seeking damages under theories of negli
-
The court recommended granting the motion to dismiss, finding the amended complaint lacked sufficient factual allegations to state claims for discrimination and retaliation, but granted leave to amend.
-
S.D. Fla.·
2021-09-28
The court denied the defendant's motion for leave to file a third-party complaint and amended answer because the motion was filed late, would cause undue delay and prejudice, and would require significant modifications to the existing case schedule.
-
The court held that venue was improper in the Middle District of Florida and transferred the case to the Eastern District of Virginia in the interest of justice.
-
M.D. Fla.·
2021-09-24
The court held that the plaintiff demonstrated good cause to reopen the amendment period and satisfied the standard for leave to amend the pleadings, allowing the addition of a new defendant.
-
S.D. Fla.·
2021-09-20
The court denied the plaintiff's motion for reconsideration, clarification, and leave to amend, finding no basis for reconsideration, that the clarification request was moot, and that the plaintiff failed to show good cause for an untimely amendment.
-
The court held that the first amended complaint's new party and claim were permissible, but the second amended complaint was stricken for failure to follow procedural rules.
-
M.D. Fla.·
2021-09-13
The court held that the complaint was a shotgun pleading and dismissed it without prejudice, granting leave to amend, and denied the defendants' motions to dismiss as moot.
-
S.D. Fla.·
2021-09-08
The court denied plaintiff's motion for leave to amend its complaint because the plaintiff failed to establish good cause for the late filing after the scheduling order deadline had passed.