3:25-cv-01502•GREEN v. SOUTHERN POVERTY LAW CENTER
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JONATHAN GARRETT GREEN, Plaintiff, vs. Case No.: 3:25cv1502/MCR/ZCB SOUTHERN POVERTY LAW CENTER, Defendant. / REPORT AND RECOMMENDATION Plaintiff originally commenced this action in state court. (Doc. 1- 1). It was subsequently removed to this Court. (Doc. 1). Currently before the Court is Defendant’s motion to dismiss. (Doc. 5). Plaintiff has responded in opposition. (Docs. 7, 8).1 For the reasons below, the motion 1 Plaintiff includes a request for the Court to remand his case in his response to Defendant’s motion to dismiss. (Doc. 7 at 4-5). His request is procedurally improper. See, e.g., Est. of Diamond by Diamond v. ITM TwentyFirst Servs., LLC, No. 21-80339-CV, 2021 WL 7630484, at *1 n.1 (S.D. Fla. June 17, 2021) (noting that a motion “raised in the context of [a] Response is procedurally improper, as ‘a request for a court order must be made by motion,’ not in a response memorandum to an opposing party’s motion” (quoting Fed. R. Civ. P. 7(b)(1)). Because the request is improper, the Court need not address it. But even if the Court were to address it, Plaintiff’s request to remand would fail. Defendant’s removal was procedurally proper, and Plaintiff’s amended complaint clearly presents federal questions. Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 1 of 7
2 to dismiss should be granted because Plaintiff’s complaint is an impermissible shotgun pleading. I. Discussion Defendants argue, inter alia, that the amended complaint (Doc. 1-1 at 14-19) should be dismissed because it is an impermissible shotgun pleading that violates the Federal Rules of Civil Procedure. (Doc. 5). The Court agrees. Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a complaint to contain “a short and plain statement of the claim” showing that the plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). And Rule 10(b) requires a plaintiff to “state its claims [] in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). “A shotgun pleading is a complaint that violates either Federal Rule of Civil Procedure 8(a)(2) or Rule 10(b), or both.” Barmapov v. Amuial, 986 F.3d 1321, 1324 (11th Cir. 2021). Shotgun pleadings are “flatly forbidden.” Id. And district courts have the “authority to dismiss a shotgun pleading on that basis alone.” Jackson v. Bank of Am., N.A., 898 F.3d 1348, 1357 (11th Cir. 2018). Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 2 of 7
3 The Eleventh Circuit has explained that there are four types of shotgun pleadings: (1) “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) “a complaint that is replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action”; (3) “a complaint that does not separate each cause of action or claim for relief into a different count”; and (4) “a complaint that asserts 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.” Barmapov, 986 F.3d at 1324-25 (cleaned up). What all four types of shotgun pleadings have in common is “that they fail to one degree or another, and in one way or another, to give the defendants adequate notice of the claims against them and the grounds upon which each claim rests.” Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1323 (11th Cir. 2015). And dismissing shotgun pleadings is necessary because “district courts have neither the manpower nor the time to sift through a morass of irrelevant facts in order to piece together” Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 3 of 7
4 a plaintiff’s claims. Barmapov, 986 F.3d at 1327-28 (Tjoflat, J., concurring). Plaintiff’s amended complaint falls into at least two of the four categories of shotgun pleadings. First, Plaintiff’s amended complaint “does not separate each cause of action or claim for relief into a different count.” Barmapov, 986 F.3d at 1325 (cleaned up). Plaintiff’s amended complaint contains no numbered paragraphs, in violation of Rule 10(b). Rather, Plaintiff combines all of his unspecified claims into the “Statement of Claims” section. By “lump[ing] multiple claims together” into a few paragraphs, Plaintiff “forces [the Court] to play detective rather than umpire.” Vargas v. Lincare, Inc., 134 F.4th 1150, 1162 (11th Cir. 2025) (Tjoflat, J., concurring). And it leaves Defendant “to decipher and attempt to respond to any possible claims lurking within the allegations of the Complaint.” Savell v. Allstate Fire & Cas. Ins. Co., No. 3:18cv331/MCR/CJK, 2018 WL 7351687, at *1 (N.D. Fla. Sept. 26, 2018). “That is not how litigation works.” Vargas, 134 F.4th at 1162; see also Barmapov, 986 F.3d at 1325 (identifying a shotgun pleading where a complaint “does not separate each cause of action or claim for relief into a different count”). Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 4 of 7
5 Second, Plaintiff’s complaint contains “conclusory, vague, and immaterial facts not obviously connected to any particular cause of action.” See Barmapov, 986 F.3d at 1325. For instance, Plaintiff spends several pages of his six-page amended complaint summarizing “Case Law” that appears to have little to do with his case. (Doc. 1-1 at 16-18). These summaries are immaterial and not obviously connected to any particular cause of action or to the specific facts of Plaintiff’s case. Plaintiff’s complaint also contains conclusory allegations with no supporting factual explanation. The amended compliant repeatedly fails to link any specific facts to claims or explain how Defendant’s actions relate to any alleged violations of law. Plaintiff’s “Statement of Claim” is barely one-page. (Doc. 1-1 at 15-16). In that section, Plaintiff claims to suffer from a “mental health condition,” but he never specifies his condition. (Id. at 15). He references Defendant’s failure to provide him “reasonable accommodations,” but he never specifies what accommodations he believes he was entitled to. (Id.). He also references “unequal terms and conditions of employment (breach of employment contract),” but he does not allege any unequal terms or conditions during Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 5 of 7
6 his employment. (Id.). These are just some of the conclusory allegations contained throughout Plaintiff’s amended complaint. For these reasons, Plaintiff’s amended complaint is a shotgun pleading. It fails to “give the defendants adequate notice of the claims against them and the grounds upon which each claim rests.” Arrington v. Green, 757 F. App’x 796, 797 (11th Cir. 2018) (cleaned up). Consistent with Eleventh Circuit caselaw,2 Plaintiff should be provided with one opportunity to file a second amended complaint that complies with the Federal Rules of Civil Procedure and the Local Rules for the Northern District of Florida. 2 The Eleventh Circuit has explained that a district court should give the plaintiff “one chance to replead before dismissing his case with prejudice on non-merits shotgun pleading grounds.” Barmapov, 986 F.3d at 1326 (cleaned up). And in the “repleading order, the district court should explain how the offending pleading violates the shotgun pleading rule so that the party may properly avoid future shotgun pleadings.” McDonough v. City of Homestead, 771 F. App’x 952, 955 (11th Cir. 2019) (cleaned up). Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 6 of 7
7 II. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Defendant’s motion to dismiss, (Doc. 5), be GRANTED to the extent that it seeks dismissal because Plaintiff’s complaint is an impermissible shotgun pleading. 2. Plaintiff be provided with fourteen days from the date of the District Judge’s order regarding this recommendation to file a second amended complaint that complies with the Federal Rules of Civil Procedure. At Pensacola, Florida, this 8th day of December 2025. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice to the Parties Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-01502-MCR-ZCB Document 10 Filed 12/08/25 Page 7 of 7
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