{"id":71322,"date":"2018-01-13T09:21:32","date_gmt":"2018-01-13T09:21:32","guid":{"rendered":"https:\/\/dnllegalandstyle.com\/dnl\/?p=18167"},"modified":"2018-01-13T09:21:32","modified_gmt":"2018-01-13T09:21:32","slug":"judge-orders-review-lawyers-pleadings-english-teacher","status":"publish","type":"post","link":"https:\/\/dnllegalandstyle.com\/dnl\/judge-orders-review-lawyers-pleadings-english-teacher\/","title":{"rendered":"Judge Orders Review of Lawyer\u2019s Pleadings by English Teacher"},"content":{"rendered":"

“The Court notes Plaintiff\u2019s proposed Second Amended Complaint is replete with grammatical errors, including improper punctuation, misspelling of words, incorrect conjugation of verbs, and lack of apostrophes when required for possessive adjectives; sentence fragments; and nonsensical sentences. The proposed Second Amended Complaint is also an eyesore, with its formatting errors and spaces.”<\/em><\/p>\n

The above was used by\u00a0a Southern District of Florida\u00a0Court, Cecilia M. Altonaga to describe a pleading filed by an Attorney in her court.<\/p>\n

Judge Altonaga then ordered\u00a0 the Attorney to file alongside his notice of filing, a certification showing that an English Language teacher has reviewed and approved his amended pleadings. She further threatened to refer the Attorney to the Florida Bar for counseling if\u00a0 his filings continue to be so horrendous.<\/p>\n

Read the story below:<\/strong><\/p>\n

Late last year, Jean Noel, a current (or maybe former?) housekeeping employee of SDH Services West, filed suit against the company as well as Aventura Hospital and Medical Center, the hospital where he performed his services, alleging all manner of civil rights claims, many of which made absolutely no sense at all. Noel, represented by\u00a0Jay F. Romano<\/a>\u00a0of Discrimination Law Center, PA, amended that complaint, and it still made little to no sense. In their motion to dismiss Noel\u2019s complaint, Jennifer Yasko and Alexander del Russo of Carlton Fields, attorneys for the hospital, had this to say:<\/p>\n

A quick glance at Plaintiff\u2019s Amended Complaint will make the basis for this motion apparent. Plaintiff\u2019s allegations are so muddled and unintelligible that the Hospital can barely parse out his allegations. Sentences are missing punctuation; there are run-on and incomplete sentences; much is incomprehensible. This alone violates the pleading requirements of Rule 8 and requires dismissal and re-pleading.<\/em>\u00a0<\/em><\/p>\n

Yasko and del Russo go on to attempt to dissect the first amended complaint, but due to the fact that it was \u201cboth cryptic and confusing,\u201d they had a really hard time doing so.<\/p>\n

For example, in Count III, titled \u201cDisparate Treatment,\u201d Plaintiff does not plead facts that relate to a claim for disparate treatment; rather, Plaintiff alleges retaliation. As a result, the Hospital is left to disregard the confusing headings and base its analysis solely on the substantive paragraphs of the Complaint, which are similarly disjointed and unintelligible. Further adding to the Hospital\u2019s difficulty is that the Amended Complaint is full of nonsensical and unintelligible statements such as: \u201cThe Plaintiff, from Haiti and of Color Race \u2026\u201d (A.C. \u00b6 3), or \u201cThe aforementioned unwelcome race failure to promote \u2026\u201d (A.C. \u00b6 25). Some paragraphs do not even contain complete sentences. Paragraph 15\u2014 the first substance allegation in Count I\u2014 reads simply \u201cAs described in Paragraph 8-9\u201d \u2026 nothing else.<\/em><\/p>\n

Take a look at the first amended complaint on the next page and see if you can figure any of it out. Be forewarned, because it\u2019s quite the doozy.<\/p>\n

Once Judge Altonaga had both the offending complaint and the motion to dismiss in her hands, she responded as best she knew how. She opens her\u00a0Order<\/a>\u00a0with the following paragraph to explain the crimes made against the English language that exist in the complaint, as drafted by Romano:<\/p>\n

The Court notes Plaintiff\u2019s proposed Second Amended Complaint is replete with grammatical errors, including improper punctuation, misspelling of words, incorrect conjugation of verbs, and lack of apostrophes when required for possessive adjectives; sentence fragments; and nonsensical sentences. The proposed Second Amended Complaint is also an eyesore, with its formatting errors and spaces.<\/p>\n

Judge Altonaga goes on to note that while she\u2019ll permit Romano to file a second amended complaint, he must \u201ccertif[y] the pleading has been reviewed and approved by a teacher of the English language \u2014 such certification is to be included in the notice of filing the second amended complaint.\u201d How embarrassing! We wonder if Romano had someone\u00a0\u00a0assisting him on this matter who made all of the horrendous errors. Judge Altonaga then states that if Romano\u2019s filings continue to be so horrendous, she\u2019ll refer him to the Florida Bar for counseling.<\/p>\n

The case was voluntarily dismissed just a few days after Romano\u2019s ass was politely handed to him.<\/p>\n

Remember, lawyers, don\u2019t EVER commit such heinous acts against the English language lest a judge order that an English teacher review your work.<\/p>\n

Culled: Above the Law<\/p>\n

[espro-slider id=17952]<\/p>\n

\n

\n

\n","protected":false},"excerpt":{"rendered":"

“The Court notes Plaintiff\u2019s proposed Second Amended Complaint is replete with grammatical errors, including improper punctuation, misspelling of words, incorrect conjugation of verbs, and lack of apostrophes when required for possessive adjectives; sentence fragments; and nonsensical sentences. The proposed Second Amended Complaint is also an eyesore, with its formatting errors and spaces.” The above was […]<\/p>\n","protected":false},"author":9,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[],"tags":[],"class_list":["post-71322","post","type-post","status-publish","format-standard"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t