A.D. v. Cavalier Mergersub Lp
2022 WL 4357989 (Sept 20, 2022)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P alleges she was a victim of sex trafficking from February 2012 to August 2012 at various hotels in Florida. Ds are the alleged hotel franchisors, owners, operators, and/or franchisees of the properties where the trafficking occurred. D is alleged to do business as Quality Inn and Comfort Inn & Executive Suites, Comfort Suites at Fairgrounds Casino, and Quality Inn and Suites Golf Resort. P's First Amended Complaint asserts a single claim against each defendant for violation of the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), 18 U.S.C. § 1595. On July 11, 2022, D filed this motion to dismiss. D argues that the complaint should be dismissed because (1) it is a shotgun pleading, (2) P pleads immaterial allegations that should be stricken since they have no bearing on this case, (3) P fails to state a cause of action against D under the TVPRA, and (4) Ds are improperly joined together in this matter. In part, D suggests that P 'has misjoined her claims against twenty Ds in a single suit when they should be severed pursuant to Fed. R. Civ. P. 21' and that 'the joinder will result in overcomplicated, inefficient trial of the important issues herein.' P argues that Rule 20 warrants joining Ds in one action since a 'logical relationship' exists between the Ds sufficient to show that P's claim arises from the same sex trafficking occurrence along with common questions of law and fact. P asserts it would be logically impossible to sever the claims against all the Defendants due to her indivisible injuries resulting from repeated victimization and trafficking at Ds' hotels.
Issues
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Holding & Decision
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Legal Analysis
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