Mishiyev v. Combs: Florida Court Dismisses All Claims Against Combs With Prejudice
Order · Sept. 8, 2026 — third complaint fails as to Combs; the case continues against other defendants
In the matter of Erik Mishiyev v. Sean Combs, et al., No. 2025-009778-CA-01 (Fla. 11th Jud. Cir., Miami-Dade Cnty.), Circuit Judge Lisa Walsh on Sept. 8, 2026 dismissed with prejudice all claims against Sean Combs in Mishiyev's second amended complaint. (Dkt. 364.) "With prejudice" means the claims cannot be filed again in this court. The order covers Combs only: a motion to dismiss from co-defendant We The Best Music, Inc. is pending, and the court has separately ordered Mishiyev to show cause why he should not be held in contempt over emailing court staff.
Background
Mishiyev, who performs as DJ Short-E and represents himself, sued Combs and Bad Boy Entertainment in May 2025. His latest complaint names six defendants, alleges that they "conspired to ‘ruin’ the Plaintiffs livelihood and ‘Blacklist’ him," and seeks more than $50 million on eight counts. (Dkt. 271 at 1, 3.) After a Jan. 27, 2026 hearing, the court granted Combs's first motion to dismiss without prejudice and gave Mishiyev 20 days to amend. (Dkt. 97 at 1.) On June 29, 2026, it dismissed the amended complaint too: Count I, a Florida Civil Rights Act claim of "antisemitism," with prejudice, and the rest with 10 days to replead. (Dkt. 232 at 6.)
The Order
The second amended complaint was filed July 23, which the court described as "two weeks after the Court-imposed deadline." (Dkt. 364 at 2.) After a hearing on Combs's motions to reconsider the leave to amend and to dismiss the new pleading with prejudice, the court granted dismissal and denied reconsideration as moot, acknowledging that it had allowed the June amendment "under the misapprehension that no prior leave to amend had been previously granted," and finding the new pleading "untimely" and one that "corrects none of the defects pointed out in the Court's prior orders." (Id.)
The court first called the complaint "an improper shotgun pleading," meaning one that does not tell each defendant which claims are made against it, that "fails to give Mr. Combs adequate notice of the claims against him and the grounds upon which each claim rests." (Id. at 2.) It then went count by count. The civil-rights claim failed "primarily" because Mishiyev did not exhaust administrative remedies, a defect the court said "cannot be cured"; the business-interference claim was "identical" to the earlier one. (Id. at 3.) The complaint "fails to allege a single actionable statement attributable to Mr. Combs," and the court called an alleged remark that Combs thinks Mishiyev is a "culture vulture" "a nonactionable opinion." (Id. at 4-5.) On fraud, it recalled telling Mishiyev in January: "If other people are induced to do something, then maybe they have a cause of action, but you don’t." (Id. at 6.)
The court added that proceeding without a lawyer "does not excuse these failures," and concluded that Mishiyev "has been given three chances to plead cognizable claims against Mr. Combs," that "granting further leave to amend would be futile," and that the case "is DISMISSED WITH PREJUDICE as against Mr. Combs." (Id. at 6-7.)
Mishiyev's Position
The docket lists several responses opposing the motions to dismiss (Dkts. 331, 340, 353). The same day as the order, Mishiyev filed a notice of appeal to the Third District Court of Appeal from what it calls "an order granting Defendants’ Sean Combs Motions to dismiss with Prejudice," stating that "Plaintiffs have listed numerous short and plain statements of the ultimate facts." (Dkt. 365 at 1.) He also filed an application for civil indigent status (Dkt. 366). In a Sept. 17 filing, Mishiyev wrote that "Defendants Bad Boy Entertainment and Davis and Khaled have still avoided service in this case." (Dkt. 374 at 2.)
The Other Defendants
On Sept. 13, We The Best Music moved to dismiss the same complaint with prejudice. (Dkt. 371 at 3-4.) Its motion states that Khaled, also a named defendant, "has not yet been served." (Id. at 3.) The complaint added two defendants, Arlandal Davis and Beasley Broadcast Group, Inc. (id.); the docket lists affidavits of service for Beasley (Dkts. 287, 313).
The Contempt Hearing
On Aug. 11, 2026, the court ordered Mishiyev to stop emailing judicial staff except to seek hearing time: "No communications should take place between a single litigant and judicial staff having anything to do with the substance of the case." (Dkt. 293 at 1.) The order warned of sanctions "which may include dismissal of this action." (Id. at 2.) On Sept. 11, the court found that "Mr. Mishiyev is in violation of this order" and directed him to "show cause why he should not be held in indirect civil contempt for violating the Court’s August 11, 2026 order (DE 293)." (Dkt. 370 at 2.) Indirect contempt generally covers conduct outside the judge's presence; civil contempt is aimed at compelling compliance with an order. The hearing is set for Oct. 2, 2026 at 8:45 a.m. in Courtroom 16D. (Dkt. 373 at 1.) The docket shows no ruling yet.
Counsel and Sources
Mishiyev appears without counsel. Combs and Bad Boy Entertainment are represented by Erica A. Wolff and Amanda Greenfield of Sher Tremonte LLP; We The Best Music by Michael J. McMullen and Bradford M. Cohen of Cohen & McMullen, P.A. Sources: the Mishiyev v. Combs docket, including Dkts. 97, 232, 271, 293, 364, 365, 370, 371, 373 and 374.
Diddy Docket reports on public court records. Parties are presumed innocent or not liable unless proven otherwise. This is not legal advice.
- Dkt. 271 at 3 — Amended Complaint (second amended complaint), Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (July 23, 2026) (Dkt. 271), Dkt. 271 at 3 -- "The Defendants conspired to “ruin” the Plaintiffs livelihood and “Blacklist” him"
- Dkt. 271 at 3 — Amended Complaint (second amended complaint), Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (July 23, 2026) (Dkt. 271), Dkt. 271 at 3 -- "damages and other relief in excess of $50M million Dollars ($50,000,000)"
- Dkt. 271 at 1 — Amended Complaint (second amended complaint), Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (July 23, 2026) (Dkt. 271), Dkt. 271 at 1 -- "the “Plaintiff” or “Mr. Mishiyev” AKA “DJ Short-E”"
- Dkt. 97 at 1 — Order Granting Motion to Dismiss With Leave to Amend, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Feb. 20, 2026) (Dkt. 97), Dkt. 97 at 1 -- "Plaintiff shall file an Amended Complaint within 20 days which must address the errors identified by the Court during the January 27, 2026 hearing."
- Dkt. 232 at 6 — Order Granting Motions to Dismiss With Leave to Amend, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (June 29, 2026) (Dkt. 232), Dkt. 232 at 6 -- "Count I is dismissed with prejudice."
- Dkt. 232 at 6 — Order Granting Motions to Dismiss With Leave to Amend, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (June 29, 2026) (Dkt. 232), Dkt. 232 at 6 -- "The remainder of the claims are dismissed with leave to amend, and Plaintiff shall file a first amended complaint within 10 days of this order."
- Dkt. 364 at 1 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 1 -- "GRANTS the Motion to Dismiss the Second Amended Complaint WITH PREJUDICE and DENIES AS MOOT the Motion for Reconsideration"
- Dkt. 364 at 1 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 1 -- "The Court granted leave to amend under the misapprehension that no prior leave to amend had been previously granted."
- Dkt. 364 at 1 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 1 -- "This Amended Complaint was untimely, based on the Court’s prior order, and corrects none of the defects pointed out in the Court's prior orders."
- Dkt. 364 at 2 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 2 -- "two weeks after the Court-imposed deadline"
- Dkt. 364 at 2 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 2 -- "the SAC—like its prior iterations—is an improper shotgun pleading that fails to give Mr. Combs adequate notice of the claims against him and the grounds upon which each claim rests"
- Dkt. 364 at 3 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 3 -- "primarily that Plaintiff failed to exhaust his administrative remedies, which “cannot be cured.”"
- Dkt. 364 at 3 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 3 -- "the interference claim in the SAC is identical to the interference claim in the Amended Complaint"
- Dkt. 364 at 4 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 4 -- "the SAC fails to allege a single actionable statement attributable to Mr. Combs"
- Dkt. 364 at 5 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 5 -- "this vague, subjective statement is a nonactionable opinion"
- Dkt. 364 at 5 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 5 -- "Plaintiff himself alleges that he “supported Donald Trump.”"
- Dkt. 364 at 6 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 6 -- "If other people are induced to do something, then maybe they have a cause of action, but you don’t."
- Dkt. 364 at 6 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 6 -- "Plaintiff has been given three chances to plead cognizable claims against Mr. Combs."
- Dkt. 364 at 6 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 6 -- "granting further leave to amend would be futile"
- Dkt. 364 at 6 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 6 -- "This case is DISMISSED WITH PREJUDICE as against Mr. Combs."
- Dkt. 364 at 7 — Order of Dismissal of All Claims Against Sean Combs With Prejudice, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 364), Dkt. 364 at 7 -- "That Plaintiff is proceeding pro se does not excuse these failures."
- Dkt. 371 at 3 — Defendant We The Best Music, Inc.'s Motion to Dismiss With Prejudice Plaintiff's Second Amended Complaint, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 13, 2026) (Dkt. 371), Dkt. 371 at 3 -- "The Amended Complaint also names Khaled Mohamed Khaled as a defendant, but as of the date of this Motion, Mr. Khaled has not yet been served."
- Dkt. 371 at 3 — Defendant We The Best Music, Inc.'s Motion to Dismiss With Prejudice Plaintiff's Second Amended Complaint, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 13, 2026) (Dkt. 371), Dkt. 371 at 3 -- "it adds two new defendants (Arlandal Davis and Beasley Broadcast Group, Inc.)"
- Dkt. 371 at 4 — Defendant We The Best Music, Inc.'s Motion to Dismiss With Prejudice Plaintiff's Second Amended Complaint, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 13, 2026) (Dkt. 371), Dkt. 371 at 4 -- "fourteen (14) days after this Court’s ten-day deadline"
- Dkt. 374 at 2 — Notice of Filing, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 17, 2026) (Dkt. 374), Dkt. 374 at 2 -- "Defendants Bad Boy Entertainment and Davis and Khaled have still avoided service in this case"
- Dkt. 293 at 1 — Order Directing the Plaintiff to Cease Emailing the Judicial Staff With the Exception for Scheduling Hearing Time Only, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Aug. 11, 2026) (Dkt. 293), Dkt. 293 at 1 -- "No communications should take place between a single litigant and judicial staff having anything to do with the substance of the case."
- Dkt. 293 at 2 — Order Directing the Plaintiff to Cease Emailing the Judicial Staff With the Exception for Scheduling Hearing Time Only, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Aug. 11, 2026) (Dkt. 293), Dkt. 293 at 2 -- "Failure to abide by this order will result in sanctions, which may include dismissal of this action."
- Dkt. 370 at 2 — Order to Show Cause, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 11, 2026) (Dkt. 370), Dkt. 370 at 2 -- "Mr. Mishiyev is in violation of this order."
- Dkt. 370 at 2 — Order to Show Cause, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 11, 2026) (Dkt. 370), Dkt. 370 at 2 -- "Mr. Mishiyev shall show cause why he should not be held in indirect civil contempt for violating the Court’s August 11, 2026 order (DE 293)"
- Dkt. 373 at 1 — Order to Show Cause, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 14, 2026) (Dkt. 373), Dkt. 373 at 1 -- "This cause has been scheduled for an Order to Show Cause on October 2nd, 2026 at 08:45 AM, in room 16D of the Osvaldo N. Soto Miami-Dade Justice Center"
- Dkt. 365 at 1 — Notice of Appeal to Third District Court of Appeal, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 365), Dkt. 365 at 1 -- "an order granting Defendants’ Sean Combs Motions to dismiss with Prejudice"
- Dkt. 365 at 1 — Notice of Appeal to Third District Court of Appeal, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.) (Sept. 8, 2026) (Dkt. 365), Dkt. 365 at 1 -- "Plaintiffs have listed numerous short and plain statements of the ultimate facts."
- Dkt. 366 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 366 -- "Copy of: Application For Determination of Civil Indigent Status. (filed 09/08/2026)"
- Dkt. 331 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 331 -- "Notice of Filing: Plaintiff's Response And Objection To Any And All Motions To Dismiss, Etc. (filed 08/26/2026)"
- Dkt. 340 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 340 -- "Notice of Filing: Plaintiff's Response And Opposition To Any And All Motions To Dismiss", Etc. (filed 08/26/2026)"
- Dkt. 353 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 353 -- "Response: To All Defendants Motions To Dismiss With Memorandum Of Law As To Civil And Criminal Conspiracy (filed 08/27/2026)"
- Dkt. 287 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 287 -- "Affidavit of Service: Beasley Broadcast Group, Inc. (filed 08/05/2026)"
- Dkt. 313 — Clerk's docket, Mishiyev v. Combs, No. 2025-009778-CA-01 (Fla. 11th Cir. Ct.), Dkt. 313 -- "Affidavit of Service: Beasley Broadcast Group, Inc. (filed 08/24/2026)"