Statement About Order Dismissing Plaintiff's First Amended Complaint

Published on March 28, 2024

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A federal court has for the second time dismissed a complaint against the City of Miami and 11 city employees and elected officials, saying plaintiffs Bill Fuller, Martin Pinilla and fourteen of their associated entities failed to follow court instructions and instead filed an amended complaint that “appeared to be intended for the media rather than for disposition in a court of law." The judge ruled that "the Court dismisses the entire complaint without prejudice to refile with the requirement that each Plaintiff separate his or its own claims against each Defendant.” The ruling stated that “shotgun pleadings” that group defendants and allegations imperil fundamental principles of due process. If plaintiffs refile, they must “file a separate count against each Defendant indicating the date of the alleged violation of that Plaintiff’s constitutional rights.” The Court also stated that an amended complaint must not have argumentative language such as “cabals” or “corruption.” The “Court will ‘screen’ the complaint for compliance with this Order before requiring the Defendants to file new motions to dismiss.”

The City, along with its current and former employees and elected officials welcomes the Court's ruling and eagerly anticipate the resolution of its significant legal matters and hold strong confidence in the validity of the legal arguments.

Click here to see the Order Dismissing Plaintiffs'  First Amended Complaint