What is a "Shotgun Pleading" in the Eleventh Circuit?

Rules 8 and 10 of the Federal Rules of Civil Procedure state the minimum pleading requirements. A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Additionally, “[a] party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). When a plaintiff violates these rules, problems arise for the defendant and the court; one such problem is a “shotgun pleading.” See Moore v. San Carlos Park Fire Prot. & Rescue, 2:17-CV-546-FTM-99MRM, 2018 WL 490473, at *1 (M.D. Fla. Jan. 19, 2018).

The Eleventh Circuit has identified different categories of shotgun pleadings, but the most common type – “by a long shot” – is a multi-count complaint where “each count adopts the allegations of all preceding counts.” Weiland v. Palm Beach County Sherriff’s Office, 792 F.3d 1313, 1321 (11th Cir. 2015). Thus, each count piggybacks the previous ones and the last count is a combination of the whole complaint. Id. This type of complaint fails to give a defendant adequate notice of the claims and the basis for which they are being made. Id. at 1323; See also Kendall v. Boston Scientific Corp., No. 6:17-cv-1888-Orl-37GJK, 2017 WL 6042020, at *2 (M.D. Fla. Dec. 6, 2017)(each count incorporates every allegation in the entire complaint).

Courts in the Eleventh Circuit “roundly, repeatedly, and consistently condemn[]” shotgun pleadings. Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955, 979 (11th Cir. 2008). These pleadings “waste scarce judicial resources, inexorably broaden[] the scope of discovery, wreak havoc on appellate court dockets, and undermine[] the public’s respect for the courts.” Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295 (11th Cir. 2018) (quoting Davis, 516 F.3d at 981-83). Additionally, when a plaintiff files a shotgun pleading, district courts should require the plaintiff to replead. See Paylor v. Hartford Fire Ins. Co., 748 F.3d 1117, 1127-28 (11th Cir. 2014) (criticizing the district court for not policing shotgun pleadings).

Joel Ewusiak frequently represents parties in U.S. District Courts located within the Eleventh Circuit, including in the U.S. District Court for the Middle District of Florida. Please contact Joel for legal assistance with your specific matter.