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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118784
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have filed my ERISA case that we discussed previously and

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I have filed my ERISA case that we discussed previously and got the first answer today (3 separate defendants). The question is, all three asked for extensions of time and one asked for 6/19/13, one asked for 6/24/13 and one asked for 7/3/13, so does my clock start ticking for reply to their motions depending on when they answered or when the last one files their answer? Also, the judge has already set a status conference for August, so would he make a decision on any motions to dismiss before that date?
Thank you for your update.

Your clock starts ticking when the last response from the last defendant is filed. But most judges will give everyone until the same date to answer and will not have 3 different reply dates approved.

Status conference is to set a schedule for motions and discovery, not to rule on motions. Any motions to dismiss would be set separately and they can be set before the status conference.

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Customer: replied 4 years ago.

Really nothing in the first motion to dismiss that I didn't anticipate, 12(b)(6) and SOL, and I'm sure the other two defendants will try the same with some subtle differences. So is the time to reply 30 days from the filing of the LAST answer?

Thank you for your reply. I was not aware a motion to dismiss was filed, I thought it was just motions for extensions.

You need to reply to the motions to dismiss, since the motion to dismiss is their answer to your suit and you have 30 days to reply from the date you received that motion to dismiss. As far as the motions for extensions to answer you have to wait for the court to rule on those, because they may be filing the 12b motions as their first responsive pleading too and each defendant can be dismissed separately, so you have to answer the motions to dismiss as they come in for each defendant.
Customer: replied 4 years ago.

Sorry, I didn't explain completely. They all asked for extensions and I didn't oppose them and the first one was due today and it wasn't an answer, it was a motion to dismiss. I expect the same from the others although this first defendant was actually the employer who was the sole company involved with the ESOP and I added them kind of as an alter ego sort of approach so they're trying to wiggle out by saying they weren't the sponsor or administrator and I'll address that issue with them. The other two defendants are the plan and the administrator.

Thank you for the response.

You have to answer the motion to dismiss you received today in 30 days and object with your grounds. Each one you receive you have to respond to.
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