ROSS v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, 3:14-CV-00072-FDW-DSC. (2014)
Court: District Court, W.D. North Carolina
Number: infdco20140513c46
Visitors: 8
Filed: Apr. 15, 2014
Latest Update: Apr. 15, 2014
Summary: ORDER FRANK D. WHITNEY, Chief District Judge. THIS MATTER is before the Court because Defendant has failed to file an answer to Plaintiff's Complaint within the required time limitations. The Court notes that Defendant's Motion to Dismiss, (Doc. No. 5), was based on Rule 12(b)(6) of the Federal Rules of Civil Procedure and therefore did not toll the deadline to file an answer under the Standing Order Governing Civil Case Management Before the Honorable Frank D. Whitney, Misc. No. 3:07-mc-0004
Summary: ORDER FRANK D. WHITNEY, Chief District Judge. THIS MATTER is before the Court because Defendant has failed to file an answer to Plaintiff's Complaint within the required time limitations. The Court notes that Defendant's Motion to Dismiss, (Doc. No. 5), was based on Rule 12(b)(6) of the Federal Rules of Civil Procedure and therefore did not toll the deadline to file an answer under the Standing Order Governing Civil Case Management Before the Honorable Frank D. Whitney, Misc. No. 3:07-mc-00047..
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ORDER
FRANK D. WHITNEY, Chief District Judge.
THIS MATTER is before the Court because Defendant has failed to file an answer to Plaintiff's Complaint within the required time limitations. The Court notes that Defendant's Motion to Dismiss, (Doc. No. 5), was based on Rule 12(b)(6) of the Federal Rules of Civil Procedure and therefore did not toll the deadline to file an answer under the Standing Order Governing Civil Case Management Before the Honorable Frank D. Whitney, Misc. No. 3:07-mc-00047 (Doc. No. 2). This Standing Order, which was transmitted to Defendant via ECF, states "a defendant who contemplates filing a Rule 12(b)(6) motion must still serve and file a timely responsive pleading." (Doc. No. 2) (emphasis in original). Accordingly, Defendant is ORDERED to file an answer to Plaintiff's Complaint by 5:00 pm on April 18, 2014. If Defendant fails to file an answer, the Court will entertain a motion for entry of default. Additionally, Defendant is STRONGLY ADVISED to review the Federal Rules of Civil Procedure, the Local Rules, and the Standing Order Governing Civil Case Management Before the Honorable Frank D. Whitney so that no other issues of this sort arise again in these proceedings.
IT IS SO ORDERED.
Source: Leagle
