A.D. v. Cavalier Mergersub Lp

2022 WL 4357989 (Sept 20, 2022)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.