IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

Similar documents
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

RESPONSE IN OPPOSITION TO PLAINTIFF S MOTION FOR ENTRY OF DEFAULT JUDGMENT

EX PARTE MOTION TO WITHDRAW/STRIKE PREVIOUSLY FILED PLEADINGS, AND SUBSTITUTE ATTACHED PLEADINGS FOR SAME

Case 3:13-cv BAJ-RLB Document 1 09/03/13 Page 1 of 28 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

STATE OF LOUISIANA DR. BARBARA FERGUSON AND CHARLES J. HATFIELD VS. LOUISIANA DEPARTMENT OF EDUCATION

Case 3:12-cv BAJ-RLB Document /01/12 Page 1 of 6

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Case 1:13-cv FDS Document 87 Filed 09/11/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.: CIV-ALTONAGA/Turnoff

Case 3:13-cv JJB-SCR Document 27 09/20/13 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA. Plaintiffs, Defendants.

Case 1:10-cv EGS Document 44 Filed 03/15/12 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

CASE NO: FORECLOSURE SCHEDULING ORDER. 1. Any prior order referring this case to Senior Judge Sandra Taylor is hereby VACATED.

DISTRICT COURT DIVISION

Case 1:13-cv Doc #1 Filed 02/28/13 Page 1 of 5 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA NO BAJ-RLB ORDER

Case 3:18-cv BAJ-RLB Document 1 08/17/18 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA. * NO: 3:16-cv JWD-RLB * VERSUS * * JUDGE JOHN W. DEGRAVELLES CITY OF BATON ROUGE, *

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Case 1:09-cv JCH-DJS Document 91 Filed 07/26/10 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

FILED: NEW YORK COUNTY CLERK 11/01/ :57 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/01/2016

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.: CIV-SEITZ/MCALILEY

Case 3:06-cv VLB Document Filed 02/22/10 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

vs. ) Case No. CIV Pursuant to [insert Settlement Act citation] (hereinafter the Settlement Act ),

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No CIV-COHN/SELTZER

IN THE CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND

Court of Common Pleas

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 KW 1859 VERSUS EARL LANE CONSOLIDATED WITH VERSUS DEBBIE LYNN LONG.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION V. CIVIL ACTION NO.1:10CV309-NBB-DAS

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA NO JWD-RLB ORDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Honorable Wilson E Fields Judge

Case 3:03-cv RNC Document 32 Filed 11/13/2003 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT. Defendants.

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA. vs. Case No: ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Case 1:09-cv GBL-TRJ Document 24 Filed 08/26/2009 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV RYSKAMP/VITUNAC

THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case KG Doc 1750 Filed 12/18/15 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION

BRADFORD COUNTY LOCAL CIVIL RULES. 1. Upon the filing of a divorce or custody action pursuant to the Pennsylvania Rules of

LegalFormsForTexas.Com

Case: 3:18-cv TMR Doc #: 1 Filed: 11/16/18 Page: 1 of 4 PAGEID #: 1

Case 4:05-cv Y Document 86 Filed 04/30/07 Page 1 of 7 PageID 789 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SCOTT L. BEAU AND WYNCROFT, LLC ANSWER

Case 2:16-cv RFB-NJK Document 50 Filed 11/04/16 Page 1 of 9

Case 9:15-cv KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 1 of 7

Case 2:09-cv KMM Document 53 Entered on FLSD Docket 05/03/2010 Page 1 of 9

FILED: NEW YORK COUNTY CLERK 07/20/ :42 AM INDEX NO /2013 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 07/20/2015. Exhibit A

Case 1:13-cv MSK-MJW Document 3 Filed 05/17/13 USDC Colorado Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT. District of Oregon. Plaintiff(s) vs. Case No: 3:09-CV-642-HU. Defendant(s). Civil Case Assignment Order

NOTICE OF SMALL CLAIM

Case DOT Doc 12 Filed 12/12/11 Entered 12/12/11 16:02:14 Desc Main Document Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DEFENDANT S AMENDED MOTION TO DISMISS WITH SUPPORTING MEMORANDUM

PRACTICE GUIDE JEFFREY P. NORMAN UNITED STATES BANKRUPTCY JUDGE

For Preview Only - Please Do Not Copy

Case 3:17-cv L Document 23 Filed 11/27/17 Page 1 of 6 PageID 151 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

DIRECTIONS FOR FILING A MOTION TO SET ASIDE A DEFAULT JUDGMENT IN DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case: Document: 16 Filed: 04/23/2012 Pages: 6. Nos & IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Case: HJB Doc #: 3116 Filed: 02/16/16 Desc: Main Document Page 1 of 4

Case MFW Doc 71 Filed 11/29/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case 0:13-cv MGC Document 1 Entered on FLSD Docket 12/05/2013 Page 1 of 8

McCormick v City of New York 2014 NY Slip Op 30255(U) January 28, 2014 Supreme Court, New York County Docket Number: /2005 Judge: Kathryn E.

Watts v. Brunson, Robinson & Huffstutler, Attorneys, P.A. et al Doc. 55

MAGISTRATE COURT OF HALL COUNTY, GEORGIA

UNITED STATES DISTRICT COURT. District of Oregon. Plaintiff(s), vs. Case No: 6:07-CV-6149-HO. Defendant(s). Civil Case Assignment Order

Case Doc 369 Filed 01/15/19 Page 1 of 9. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION Chapter 11

Case 2:17-cv EEF-MBN Document 66 Filed 11/07/17 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EXPUNGEMENT AND SEALING OF JUVENILE RECORDS LA.CH.C. Art. 901 and 903 INFORMATION SHEET

Case 2:08-cv GLF-NMK Document 62 Filed 12/09/09 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. Civil Action No. 3:16-CV-1570-L MEMORANDUM OPINION AND ORDER

WRIT OF ADMINISTRATIVE MANDATE (MANDAMUS)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. Plaintiff, SECTION R

WYOMING RULES OF CIVIL PROCEDURE FOR CIRCUIT COURTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Case 2:13-cv SM-DEK Document 1 Filed 08/16/13 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

GRANDPARENT VISITATION FORM PACKET

Case VFP Doc 943 Filed 04/04/17 Entered 04/04/17 14:35:26 Desc Main Document Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

COMPLAINT FOR DIVORCE

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:89-cv FJP-SCR

Case 5:14-cv JPB Document 50 Filed 10/09/14 Page 1 of 5 PageID #: 267

Case: 1:10 cv Document #: 63 Filed: 11/18/10 Page 1 of 3 PageID #:1079

Case 4:04-cv RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Case 0:16-cv WJZ Document 31 Entered on FLSD Docket 08/18/2016 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 2:04-cv JTM-DEK Document 59-4 Filed 01/05/10 Page 1 of 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES STATE OF LOUISIANA. Versus. State of Louisiana MOTION FOR EXPUNGEMENT OF MISDEMEANOR RECORD

Transcription:

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION Plaintiff, VS. THE CITY OF BATON ROUGE, ET AL. NO. 13-579-BAJ-RLB Defendants. MOTION TO STRIKE DEFENDANTS ANSWER COMES NOW, Plaintiff, ERNEST TAYLOR, through undersigned counsel, who moves this Court pursuant to Fed. R. Civ. P. 6 and 12 to strike the Answer filed on behalf of defendants The City of Baton Rouge, Mary E. Roper, Carl Dabadie, Jr., Lisa Freeman, Patrick Wennemann, and James Thomas. [Doc. 19]. Filed concurrently herewith is a memorandum in support of Plaintiff s motion, which is incorporated herein by reference. WHEREFORE, Plaintiff, Ernest Taylor, prays that the Answer filed on behalf of defendants The City of Baton Rouge, Mary E. Roper; Carl Dabadie Jr., Lisa Freeman, Patrick Wennemann, and James Thomas be stricken from the record. Respectfully submitted, s/ Terrence J. Donahue, Jr. Christopher D. Glisson #20200 Terrence J. Donahue, Jr. #32126 MCGLYNN, GLISSON, & MOUTON 340 Florida Street Baton Rouge, Louisiana 70801 (225) 344-3555 1

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has been served on all counsel of record through a Notice of Electronic Filing generated by the Court s CM/ECF system on this, the 3 rd day of May, 2014. s/ Terrence J. Donahue, Jr. Terrence J. Donahue, Jr. 2

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION Plaintiff, VS. THE CITY OF BATON ROUGE, ET AL. NO. 13-579-BAJ-RLB Defendants. MEMORANDUM IN SUPPORT OF PLAINTIFF S MOTION TO STRIKE DEFENDANTS ANSWER Plaintiff, ERNEST TAYLOR moves this Court pursuant to Fed. R. Civ. P. 6 and/or 12 for an order striking the Answer [Doc. 20] filed on behalf of defendants The City of Baton Rouge, Mary E. Roper; Carl Dabadie Jr., Lisa Freeman, Patrick Wennemann, and James Thomas (collectively referred to as Defendants ) as untimely. For the reasons appearing below, Plaintiff s Motion should be granted. 1. Plaintiff Ernest Taylor instituted this action on September 3, 2013. [Doc. 1]. 2. Defendants received copies of the Complaint, summons, and a form requesting waiver of service of process on September 10, 2013. See Affidavit of Terrence J. Donahue, Jr., attached as Exhibit A to Plaintiff s Response in Opposition to Defendants Motion to Set Aside Clerk s Entry of Default, submitted concurrently herewith. 3. On October 22, 2013, service upon Defendants was waived by James L. Hilburn of the 1

East Baton Rouge Parish Attorney s Office. [Doc. 3]. 4. Thereafter, on April 16, 2014, Plaintiff moved for entry of default due to Defendants failure to answer or otherwise defend against the lawsuit. [Doc. 15]. 5. The Clerk granted Plaintiff s request for entry of default the same day. [Doc. 17]. 6. Without first seeking leave of Court, Defendants filed an Answer to Plaintiff s Complaint on April 17, 2014, more than seven months after first being notified of Plaintiff s claims, and after the Clerk s entry of default. [Doc. 20]. 7. Fed. R. Civ. P. 12(a)(1)(A)(ii) provides that where a defendant has timely waived service under Rule 4(d), it must serve an answer to the complaint within 60 days after the request for the waiver was sent. 8. Fed. R. Civ. P. 12(f) empowers a court to strike a defendant s answer when it is filed outside of the time period mandated in Rule 12(a). See e.g., DirecTV, Inc. v. Young, 195 Fed. Appx. 212, 215 (5th Cir. 2006) (unpublished) (finding no abuse of discretion where district court struck defendant s answer for untimeliness). 9. Fed R. Civ. P. 6(b)(1)(B) provides that a court may, for good cause extend the time allowed for completion of certain acts on motion made after the time has expired if the party 2

failed to act because of excusable neglect. See also, Moore v. BASF Corp., 2012 U.S. Dist. LEXIS 145135, *3 (E.D. La. Oct. 9, 2012) (noting magistrate granted extension of time to answer after expiration of deadline based upon finding that the defendant had established excusable neglect by its counsel and good cause for the extension ). 10. Defendants in the present case have presented nothing to indicate the presence of either good cause or excusable neglect with respect to their failure to defend this action. See generally, Plaintiff s Response in Opposition to Defendants Motion to Set Aside Clerk s Entry of Default. As Defendants have failed to seek leave of Court to file their answer outside of the time mandated by the Rules of Federal Procedure, and as they have failed to present any argument or evidence justifying the granting of such leave, Plaintiff respectfully requests that Defendants untimely Answer be stricken from the record. Respectfully submitted, s/ Terrence J. Donahue, Jr. TERRENCE J. DONAHUE, JR. McGlynn, Glisson, & Mouton 340 Florida Street Baton Rouge, Louisiana 70802-1909 (225) 344-3555 Bar Roll No.: 32126 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has been served on all counsel of record through a Notice of Electronic Filing generated by the Court s CM/ECF system on this, the 3 rd day of May, 2014. 3

s/ Terrence J. Donahue, Jr. Terrence J. Donahue, Jr. 4

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION Plaintiff, VS. THE CITY OF BATON ROUGE, ET AL. NO. 13-579-BAJ-RLB Defendants. ORDER Before the Court is Plaintiff s Motion to Strike Defendants Answer, which the Court finds is well-founded. IT IS THEREFORE ORDERED that the Answer filed on behalf of defendants The City of Baton Rouge, Mary E. Roper; Carl Dabadie Jr., Lisa Freeman, Patrick Wennemann, and James Thomas, appearing at [Doc. 20] is hereby stricken from the record. Baton Rouge, Louisiana, this day of, 2014. Clerk, Middle District of Louisiana