The court also asked Carlos how he knew he had difficulty getting Angie an appointment because of his disability, rather than the hospital being busy, and Carlos said the defendant’s staff treated his son “like a normal person,” rather than giving him an earlier appointment as “a reasonable accommodation. At a status conference in June 2019, the district court stated it would dismiss the first amended complaint as a shotgun filing because Carlos had reincorporated his prior allegations in each count. The defendant renewed its motion to dismiss, arguing the first amended complaint was a shotgun pleading and failed to state a claim. Generally, Carlos was dissatisfied with the treatment Angie received during the October and November visits, and his complaint asserted counts for discrimination and retaliation under the ADA and RA, breach of contract, and promissory estoppel. Carlos’s 26-page, 168-paragraph first amended complaint described three encounters with the defendant: (1) a phone call on May 3, 2016, to set up a doctor’s appointment, (2) an emergency room visit on Octoand (3) the scheduled appointment on November 4, 2016. BACKGROUND Carlos, as the sole plaintiff, filed a pro se complaint in 2018, and in response to the defendant’s first motion to dismiss, he filed his first amended complaint in April 2019 with the district court’s permission. For ease of reference, we refer to Carlos and Angie Alonso by their first names. After careful review, we affirm the dismissal. They appeal from the district court’s dismissal of their pro se second amended complaint as a shotgun pleading and alternatively for failure to state a claim. Over the course of their interactions, they allege the defendant discriminated against them based on Angie’s disability in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C § 12131-12134, and Section 504 of the Rehabilitation Act of 1973 (RA), 29 U.S.C. Carlos and Morejón took Angie to the defendant-Public Health Trust of Miami-Dade County doing business as Jackson Memorial Hospital-for medical care. PER CURIAM: Carlos Alonso and his wife, Fé Morejón, are the parents of Angie Alonso, an adult with mental and physical disabilities. 1:18-cv-24045-DPG _ Before LAGOA, BRASHER, and BLACK, Circuit Judges. _ Appeal from the United States District Court for the Southern District of Florida D.C. Jackson Memorial Hospital, USCA11 Case: 22-14133 2 Document: 20-1 Date Filed: Opinion of the Court Page: 2 of 12 22-14133 Defendant-Appellee. 22-14133 Non-Argument Calendar _ CARLOS ALONSO, individually, and as guardian for his son, Angie Alonso, Plainti -Appellant, FE MOREJON, individually, Plainti, versus THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, d.b.a. 4 p.m, excluding County holidays.USCA11 Case: 22-14133 Document: 20-1 Date Filed: Page: 1 of 12 In the United States Court of Appeals For the Eleventh Circuit _ No. Deputy Clerks are available to assist you Monday through Friday 9 a.m. Gerstein Justice Building by scheduling an appointment. You can request a hearing at our Richard E. The phone lines are available Monday through Friday 9 a.m. In order to avoid delays and long lines at the courthouse, please dial 30. (327.73), any person who fails to appear or otherwise properly respond to a uniform boating citation shall in addition to the charge relating to the violation of the boating laws of this state, be charged with the offense of failing to respond to such citation and, upon conviction, be guilty of a misdemeanor of the second degree. To request a court hearing, you can fax, email, or mail a completed Request for Court Hearing Form with a copy of your citation to :Įmail - at your court hearing it is determined that an infraction has been committed, the court may impose a civil penalty not to exceed $500 in addition to applicable court costs.
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