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

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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: 8 months ago.Category: Legal
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Answered in 1 minute by:
12/12/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
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Satisfied Customers: 48,818
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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.

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Lawyer: Ray, Lawyer replied 8 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.

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Lawyer: Ray, Lawyer replied 8 months ago
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