Del Pino Allen v. GEICO, 1:24-cv-23477

Plaintiff, Isabel Del Pino Allen, sued GEICO General Insurance alleging deceptive settlement practices related to an auto insurance claim after a collision involving a GEICO-insured party.
The original complaint was dismissed as a "shotgun pleading" for failing to clearly state claims and corresponding factual allegations.
Plaintiff filed an amended complaint, seeking $850,000 in damages and referencing alleged misrepresentations of Florida law by GEICO during claim settlement.
Defendant GEICO moved to dismiss the amended complaint as another shotgun pleading and for failure to state a cause of action under cited statutes.
Plaintiff argued she complied with the court’s prior order and pro se pleading form, and claimed a valid basis under Florida Statutes § 319.30(3), but denied asserting a "bad faith" claim.
Plaintiff’s amended complaint was ultimately dismissed with prejudice after multiple prior failed attempts to state a proper claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the amended complaint is a shotgun pleading	Amended complaint complied with court orders and was properly pled	Complaint remains a shotgun pleading, unclear claims and statutes involved	Complaint is a shotgun pleading, dismissed
Sufficiency under Rule 8(a)/12(b)(6)	Sufficient facts provided; valid claim under Fla. Stat. § 319.30(3)	No specific causes of action, just legal conclusions, no actionable claim	Fails to state a plausible claim
Possibility of further amendment	Further amendment would not be futile; claims sufficient	Multiple prior opportunities; continued same deficiencies	No indication further amendment would cure issues
Existence of actionable statutory claim	Cited statutes create a cause of action against GEICO	Statutes cited do not create independent private right of action	Statutes don't afford plaintiff relief

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (foundational pleading standard; complaint must state plausible claim)
Ashcroft v. Iqbal, 556 U.S. 662 (expands Twombly on plausibility and pleading standards)