Sayed v. Courtney et al
Filing
48
ORDER denying 46 Motion to Strike by Magistrate Judge Kathleen M. Tafoya on 3/21/13.(dkals, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 12–cv–01134–CMA–KMT
HAZHAR A. SAYED,
Plaintiff,
v.
LT. NORVA COURTNEY, individual capacity,
DR. KLENKE WILLIAM, individual capacity,
LPN, HINIGER TWINKLE, individual capacity, and
UNKNOWN JOHN/JANE DOES, individual capacity,
Defendants.
ORDER
This matter is before the court on Plaintiff’s Motion to Strike. (Doc. No. 46, filed Mar.
20, 2013.) Plaintiff’s Motion seeks to strike Defendants’ Answer (Doc. No. 44) as untimely
under Fed. R. Civ. P. 12(a)(1).
Ordinarily, a defendant must serve an answer either within twenty-one days of being
served with the summons or complaint, or, if it has waived service under Rule 4(m), within sixty
days after the request for a waiver of service was sent. Fed. R. Civ. P. 12(a)(1)(A)(i)–(ii).
However, if the defendant files a motion under Rule 12, the deadline for filing a responsive
pleading is altered. Fed. R. Civ. P. 12(a)(4). More specifically, “[u]nless the court sets a
different time, serving a motion under [Rule 12]” alters the above period as follows: “if the court
denies the motion or postpones its disposition until trial, the responsive pleading must be served
within 14 days after notice of the court’s action.” Id.
Here, by filing their Motion to Dismiss (Doc. No. 16, filed Aug. 10, 2012), Rule 12(a)(4)
altered the time for Defendants to file a responsive pleading to 14 days after ruling on the
Motion to Dismiss. The District Court’s Order granting in part and denying in part Defendants’
Motion to Dismiss was issued on February 26, 2013 (see Doc. No. 39); as such, Defendants had
until March 12, 2013 to file an Answer. Defendant’s Answer was filed on March 8, 2013 (see
Answer) and was therefore timely under Rule 12(a)(4). Accordingly, it is
ORDERED that Plaintiff’s Motion to Strike (Doc. No. 46) is DENIED.
Dated this 21st day of March, 2013.
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