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Topic: Partial Motion to Dismiss?

Created on: 06/24/17 04:52 PM

Replies: 3

RAS1


Joined: 11/20/16

Posts: 5

Partial Motion to Dismiss?
06/24/17 4:52 PM

I filed my complaint and had seven claims within. The Defendant did not reply with an Answer but replied with a Motion to Dismiss counts 2-7 for lack of subject matter jurisdiction.

However, the Defendant did not send an answer to claim one (1). Does the motion to dismiss claims 2-7 count as an answer for the whole complaint? Or just 2-7?

I believe it's called a partial motion to dismiss?

According to the course, A Motion is a Motion, A Notice is a Notice, and an Answer is an Answer..

If I am correct, this allows me to file a Motion for Default for the unanswered claim #1 because the response time limit has passed?

Thanks in advance Dr. Graves and group!
* Last updated by: RAS1 on 6/24/2017 @ 5:05 PM *

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Partial Motion to Dismiss?
06/24/17 5:18 PM

Why not try motion for default on those counts against which your defendant did not move for dismissal? Might work! STUDY MY COURSE MORE AND MORE AND MORE! The answers you need are in my course!

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RAS1


Joined: 11/20/16

Posts: 5

RE: Partial Motion to Dismiss?
06/26/17 3:07 AM

Does my original complaint with numbered paragraphs stay as an original complaint if Defendant files a motion to Dismiss counts #2-7?

Or do I have to amend the complaint to just count #1 with numbered paragraphs?

I was reading Fed R Civ. P. 15 and thinking that my count #1 is the original, so therefore I do not have to amend because I asserted a claim for relief.

Any thoughts?

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Partial Motion to Dismiss?
06/29/17 9:53 AM

Wait until the judge rules on your opposition's motions to dismiss AND BE PREPARED TO ARGUE AGAINST THOSE MOTIONS AT THE HEARING YOU OR YOUR OPPONENT SCHEDULE. More about this in the course, of course.

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