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Plaintiff files a More Definite Statement (pursuant to FRCP

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Plaintiff files a More Definite Statement (pursuant to FRCP 12 e) on February 2 and Defendants respond to it with a Motion To Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12 b 6) on February 18 (16 days later) while a Clerk's Entry of Default was entered in against Defendants on same date of February 18...Did the Clerk of Court's error in entering the Clerk's Entry of Default pursuant to FRCP 55 a in said situation or were the Defendants indeed late?
Submitted: 5 years ago.
Category: Legal
Expert:  Irwin Law replied 5 years ago.

12 (a)(4)(A): requires your responsive pleading within 14 days, so you were technically 2 days late in filing a 12(b(6) motion. However, your filing on the same day that the clerk entered default might be grounds for the judge to vacate the default, for good cause. The judge might require you to Answer at this point.


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