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Caffey v. Ocwen Federal Bank

United States District Court, N.D. Alabama, Northeastern Division

September 9, 2014

SHERRYL & BRETT CAFFEY, Plaintiffs,
v.
OCWEN FEDERAL BANK, et al., Defendants.

MEMORANDUM OPINION AND ORDER

VIRGINIA EMERSON HOPKINS, District Judge.

I. Introduction

Plaintiffs, who are representing themselves, initiated this case in the Circuit Court of Madison County on July 29, 2014, and named a mixture of fifteen individuals and entities as defendants. (Doc. 1-1 at 1).[1] Defendant Ocwen Federal Bank ("Ocwen") removed Plaintiffs' lawsuit to this court on August 29, 2014, on the basis of federal question jurisdiction. (Doc. 1 at 2 ΒΆ 4).

Pending before the court are Ocwen's Motion To Dismiss Plaintiffs' Complaint (Doc. 8) ("Ocwen's Motion"), and Defendants Jason Tingle and Jauregui & Lindsey, LLC's Motion To Dismiss Plaintiffs' Complaint (Doc. 9) ("Tingle's Motion"), both of which were filed on September 4, 2014. As explained below, the Motions are GRANTED in that this court will require Plaintiffs to replead their claims in a concise, plausible, and non-shotgun manner. Otherwise, the Motions are DENIED WITHOUT PREJUDICE.

II. Standards

A. Pro Se Pleading Standard

As an initial matter, "[ p ] ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed." Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998) (citing Fernandez v. United States, 941 F.2d 1488, 1491 (11th Cir. 1991)). Accordingly, Plaintiffs' allegations asserted against Defendants are not appropriately subject to dismissal simply because they lack procedural precision or completeness in the context of Rule 8 of the Federal Rules of Civil Procedure.

B. Rule 8 Pleading Standard

Rule 8 sets for several general rules regarding pleadings and provides in pertinent part:

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or ...

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