Johnson v. The Preserves at Stonebriar Homeowners Association INC.
6:23-cv-01585
| M.D. Fla. | Jul 8, 2025Background:
- Plaintiff Sherma Johnson sued The Preserves at Stonebriar Homeowners Association Inc. and unnamed "Doe" defendants in federal court, challenging a state court foreclosure.
- Defendant moved to dismiss the Amended Complaint, and Johnson sought a temporary restraining order (TRO) and preliminary injunction to halt foreclosure proceedings.
- The Magistrate Judge recommended the Amended Complaint be dismissed as a shotgun pleading and for failing to establish subject matter jurisdiction; the motion to dismiss was denied as moot without prejudice.
- Johnson objected, arguing her complaint was sufficiently clear, diversity jurisdiction was properly pled despite Doe defendants, and the amount in controversy was satisfied.
- The District Judge reviewed the objections, report, and motion for injunctive relief, ultimately overruling Johnson's objections and dismissing the complaint (with leave to amend).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Complaint as shotgun pleading | Incorporation of prior paragraphs is permissible | Complaint is a classic shotgun pleading | Complaint constituted an impermissible shotgun pleading |
| Diversity jurisdiction with Doe defendants | Doe defendants do not destroy diversity | Doe defendants preclude diversity in original case | Doe defendants prevent establishment of diversity |
| Amount in controversy for diversity | Damages exceed $1,000,000 due to property value | Damages are speculative/unsupported | Amount in controversy not adequately pled |
| Entitlement to preliminary injunction (TRO) | Likelihood of success on merits | No likelihood of success on merits | Preliminary injunction denied for lack of merits showing |
Key Cases Cited
- Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015) (defines shotgun pleadings and when complaints are impermissibly structured)
- Walker v. CSX Transp., Inc., 650 F.3d 1392 (11th Cir. 2011) (addresses impact of Doe defendants on diversity in removed cases)
- Forsyth Cnty. v. U.S. Army Corps of Eng'rs, 633 F.3d 1032 (11th Cir. 2011) (sets standards for preliminary injunctions)
- Siegel v. LePore, 234 F.3d 1163 (11th Cir. 2000) (en banc) (elaborates on requirements for preliminary injunctive relief)