Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Federal Rule of Civil Procedure, the Defendant has failed to…

Customer Question
Federal Rule of Civil Procedure, the...
Federal Rule of Civil Procedure,
the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NOT rule on that motion and the deadline came and went. ( December 7th)A motion for default judgement was filed on December 8th,The Defendants are claiming that their motion was not ruled upon.QUESTION:
Are they in default, as the filing of a motion, does not guarantee that it will be granted or ruled upon.Further filing for an extension, is not in and of itself a pleading or otherwise defending the complaint before the Court.I've got my 18 year degree, just not in law, and need a more definitive answer in this area, as the Federal Judge has called for a conference, no indication as to why.Im pro se, the defendants are represented
Thoughts?.
Submitted: 2 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
12/12/2017
Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,261
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 months ago

Here is reference to this issue.

Generally, a party served with a complaint must respond within 21 days after being served. See Fed. R. Civ. P. 12(a)(1)(A). However, there are a few exceptions. First, if service is waived, then a response is due within 60 days after the request for waiver was sent (or 90 days if it was sent to a defendant outside of the United States). See id. Alternatively, the judge may also set a schedule for when an answer is due, or a party may move the court for an order extending the deadline to answer. Regardless of which it is, keep track of this deadline. A failure to timely respond can result in an entry of a default judgment. See Fed. R. Civ. P. 55(a).

On or before the deadline to file a responsive pleading (unless your local rules state otherwise) and after conferral, you may move to dismiss the claim, to make parts of it more definite and certain, or to strike parts of the complaint. Such motions typically extend the time you have to answer until after the court rules on your motion. If you file only a partial motion to dismiss, check the law in your jurisdiction to make sure you do not need to file a responsive pleading to those claims that are not the subject of your motion to dismiss. See Gerlach v. Mich. Bell Tel. Co., 448 F. Supp. 1168 (E.D. Mich. 1978). If the court denies the motion or postpones its disposition until trial, the answer must be served within 14 days after notice of the court’s action, unless the court sets a different time schedule. See Fed. R. Civ. P. 12(a)(4)(A). If the court grants a motion for a more definite statement, the answer must be served within 14 days after the more definite statement is served unless the court orders otherwise. See Fed. R. Civ. P. 12(a)(4)(B).

Likely if the motion is denied the court extend the time for them to file an answer as you can see above.Please don't shoot the messenger here I agree with you they are late but the rules/cases allow them more time since they filed the motion here.You can wait and see how court rules when you meet,It is likely they at least get more time even if it is over ruled.Again don't shoot the messenger.

I appreciate the chance to help you again.Thanks.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 2 months ago
Ask Your Own Legal Question
Was this answer helpful?
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 45,261
45,261 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I a divorce in NY can I file a motion to dismiss if I have
I a divorce in NY can I file a motion to dismiss if I have not been notified that a RJI was filed and the preliminary conference date set then changed by the plaintiff's attorney. The clerks docket ha… read more
Ray
Ray
Lawyer
45,261 satisfied customers
Can a defendant file a motion to dismiss in a domestic
Can a defendant file a motion to dismiss in a domestic relation cas in Alabama … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
Rules of Civil Procedure Question. In Arizona Justice Court
Rules of Civil Procedure Question. In Arizona Justice Court a defendant has 20 days to respond to a complaint. But plaintiff may amend once as a matter of course before a responsive pleading is filed.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I filed a motion to dismiss under 12 6 and 12 5,, the judge
I filed a motion to dismiss under 12 b 6 and 12 b 5,, the judge denied the motion on 12 b 6, however, stated that the plaintiff serve or file proof of service by a certain date. The plaintiff did neit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a debtor in a chapter 11 files a motion to dismiss their
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to unde… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
45,261 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
In reference to the Colorado rules of civil procedure 59 for
hello in reference to the Colorado rules of civil procedure 59 for a new trial how long does it usually take for the judge to respond and is there another motion i should file with the court if i don'… read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,301 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,814 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KLAW
KLAW
Juris Doctorate
1,848 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,741 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
45,261 satisfied customers
If the federal court grants a party's motion to dismiss with
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?… read more
Andrew
Andrew
Attorney
Juris Doctorate
211 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x