Vibe Micro, Inc. v. Shabanets

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When a litigant files a shotgun pleading, is represented by counsel, and fails to request leave to amend, a district court must sua sponte give him one chance to replead before dismissing his case with prejudice on non-merits shotgun pleading grounds. 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. Plaintiff appealed the district court's dismissal of his Second Amended Complaint (SAC) with prejudice. In this case, the district court sua sponte gave plaintiff a chance to replead and remedy his shotgun pleading issues. Therefore, the Eleventh Circuit affirmed the district court's dismissal with prejudice. The court remanded for the limited purpose of clarifying that the dismissal of the state law claims was without prejudice as to refiling in state court. The court affirmed on all other issues. View "Vibe Micro, Inc. v. Shabanets" on Justia Law