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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 20-13655
Non-Argument Calendar
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D.C. Docket No. 1:20-cv-22531-UU
ALEIDA LANZA,
Plaintiff - Appellant,
versus
STATE OF FLORIDA,
GOVERNOR OF THE STATE OF FLORIDA,
in his official capacity,
ATTORNEY GENERAL, STATE OF FLORIDA,
in her official capacity,
SURGEON GENERAL, STATE OF FLORIDA,
in his official capacity,
HCA, INC.,
AFFILLIATE ASSET SOLUTIONS, LLC.,
a foreign (Delaware) subsidiary of Pendrick
Capital Partners Holdings, LLC, et al.,
Defendants - Appellees.
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________________________
Appeal from the United States District Court
for the Southern District of Florida
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(August 25, 2021)
Before MARTIN, BRANCH, and LAGOA, Circuit Judges.
PER CURIAM:
Aleida Lanza, proceeding pro se, appeals the district court’s order denying
her motion to vacate the dismissal of her civil complaint and request to file a second
amended complaint after she failed to comply with the district court’s amendment
orders and then failed to raise new grounds to re-open her case. Lanza does not deny
that her filing was untimely but argues that the district court erred in denying her
motion to amend her complaint and dismissing her complaint with prejudice because
her proposed second amended complaint satisfied Rule 8 and Rule 20 of the Federal
Rules of Civil Procedure as ordered by the district court. She also states that she
pled a plausible excuse for her delays in filing, stating that her electronic equipment
was damaged in a lightning storm. For the reasons explained below, we conclude
that the district court did not abuse its discretion and affirm.
I. PROCEDURAL BACKGROUND
On June 19, 2020, Lanza filed a ninety-four-page complaint against dozens of
businesses and individuals, including Florida state officials, health care providers,
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and the University of Miami. The district court, sua sponte, dismissed the complaint
without prejudice and denied as moot all pending motions to dismiss. The dismissal
order explained that the complaint was a shotgun pleading that failed to meet Federal
Rule of Civil Procedure 8’s “short and plain statement” requirement because the
complaint “is confusing, rambling, and any factual allegations are untethered from
the elements of any causes of action.” For example, the district court found that
“Lanza’s claims for breach of contract in Counts III and IV are . . . unsupported by
more than vague and scattershot ‘mere conclusory statements.’” The district court
further stated that “the Complaint is rife with pleading deficiencies, so much so that
basic comprehension of the document teeters on the edge of impossible. In many
cases, Lanza does not even tie the threadbare recitals of the elements of a cause of
action to specific defendants.”
The district court also found that the complaint ran afoul of Federal Rule of
Civil Procedure 20’s requirements for joinder of parties. For example, the district
court found that Lanza did not establish “that her claim for breach of contract against
the University of Miami (Count III) arises from the same transaction or occurrence
as her claim for broad injunctive relief against the State of Florida (Count II).
Similarly, there is no indication that there are questions of law or fact common to
those defendants.”
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The dismissal order granted Lanza leave to amend the complaint by
September 1, 2020. It also required that any amended complaint “allege[] SPECIFIC
FACTS supporting her cause of action, contain[] NO REPETITIVE
CONCLUSORY ALLEGATIONS, and otherwise fully compl[y] with the
requirements of Federal Rules of Civil Procedure 8 and 20.” (emphasis in original)
The district court warned Lanza that the case may be dismissed without additional
warning if Lanza did not file a complaint that complies with the relevant Federal
Rules of Civil Procedure by the time specified.
On the September 1, 2020, deadline, Lanza filed a motion for a seventy-two-
hour extension to file her amended complaint because a lightning strike damaged
her internet router, interfering with her ability to research and write the complaint.
The next day, the district court granted the motion and allowed Lanza until
September 4, 2020, to file an amended complaint. That order also emphasized that
any amended complaint must comply with Rules 8 and 20. The district court also
explained that no further extensions would be granted.
Lanza missed that deadline, and the district court ordered that the case be
closed and judgment be entered. 1 On September 18, 2020, Lanza filed a motion to
vacate the order of dismissal, reopen the case, and allow her to file an amended
1
Lanza did file an unsigned 168-page amended complaint on September 4, 2020.
However, Lanza later explained that this was not the document that she intended to file.
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complaint. In the motion, Lanza argued that she was unable to rewrite the complaint
in time due to lighting causing damage to her electrical equipment. The same day,
Lanza filed a 210-page proposed second amended complaint. On September 22,
2020, the district court denied the motion to reopen the case, concluding that “the
Court dismissed Plaintiff’s Complaint for failure to comply with this Court’s August
10 Order and for failing to file an amended complaint even with an extension of
time” and that “Plaintiff has raised no new grounds for the Court to consider, and
the Plaintiff may not now forcibly reopen this case.” This timely appeal followed.
II. STANDARD OF REVIEW
We review a denial of a motion to vacate under Federal Rule of Civil
Procedure 60 for an abuse of discretion. Waddell v. Hendry Cnty. Sheriff’s Office,
329 F.3d 1300, 1309 (11th Cir. 2003). A showing of “mistake, inadvertence,
surprise, or excusable neglect” is required to vacate a final judgment or order. Fed.
R. Civ. P. 60(b)(1). We also review a denial of leave to amend for an abuse of
discretion. Burger King Corp. v. Weaver, 169 F.3d 1310, 1319 (11th Cir. 1999).
III. ANALYSIS
Although dismissal with prejudice is a drastic remedy, “[t]he court’s power to
dismiss is an inherent aspect of its authority to enforce its orders and insure prompt
disposition of lawsuits.” Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1985).
Because dismissal is an extraordinary remedy, “[p]rior to dismissing an action on its
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own motion, a court must provide the plaintiff with notice of its intent to dismiss and
an opportunity to respond.” Surtain v. Hamlin Terrace Found., 789 F.3d 1239, 1248
(11th Cir. 2015); see also Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)
(“While dismissal is an extraordinary remedy, dismissal upon disregard of an order,
especially where the litigant has been forewarned, generally is not an abuse of
discretion.”).
The district court’s order dismissing the original complaint explained the
complaint’s deficiencies and the consequences for not rectifying those deficiencies
within the time specified. Specifically, the district court made clear when it
dismissed the complaint that dismissal might be forthcoming should Lanza not file
a compliant amended complaint by the deadline. Following that order, the district
court entered another order after Lanza filed a motion seeking a seventy-two-hour
extension to file her amended complaint because a lightning strike damaged her
internet router. The district court’s order granting the extension explicitly stated that
no further extensions would be granted and further made clear that any amended
complaint must comply with Rules 8 and 20 of the Federal Rules of Civil Procedure.
Because Lanza missed both the filing deadline and the pleading she
eventually filed—a proposed second amened Complaint—failed to comply with
Rules 8 and 20 of the Federal Rules of Civil Procedure, we cannot conclude that the
district court abused its discretion in denying Lanza’s motion to vacate the dismissal
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of her civil complaint and request to file a second amended complaint. First, Lanza’s
motion failed to present a valid ground to justify vacating the district court’s
dismissal. Second, Lanza’s conduct in this case exhibited a pattern of delay and
willful conduct in pleading a valid claim, suggesting that a sanction lesser than
dismissal would be an insufficient remedy. Additionally, as the district court had
properly dismissed Lanza’s complaint, her proposed second amended complaint—
filed after the expiration of the district court’s amendment deadline—was an
unauthorized filing.
Given Lanza’s failure to comply with the district court’s amendment orders
as well as the proposed second amended complaint’s arguable failure to comply with
the district court’s instruction that any amended complaint comply with Rules 8 and
20, we cannot conclude that the district court abused its discretion in denying
Lanza’s motion to vacate the dismissal of her civil complaint and request to file a
second amended complaint. We therefore affirm the district court.
AFFIRMED.
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