Johnson et al v. Champion

Filing 34

Order striking the 33 Response to Defendants' Answers filed by Shirley Johnson-Young, Reginald Johnson. Signed by Chief Judge William H. Steele on 12/19/2012. Copy mailed to Plaintiffs. (tgw)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION REGINALD JOHNSON, et al., Plaintiffs, v. RANDALL CHAMPIONS, et al., Defendants. ) ) ) ) )CIVIL ACTION 12-0334-WS-M ) ) ) ) ORDER Certain defendants have filed an answer. (Doc. 32). The plaintiffs have now filed “plaintiffs response to defendants answers to the amended complaint.” (Doc. 33). The Federal Rules of Civil Procedure provide that “[o]nly these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer.” Fed. R. Civ. P. 7(a). The defendants’ answer did not include a counterclaim, and the Court has not ordered a reply to the answer. “Absent a counterclaim denominated as such, a reply to an answer ordinarily is unnecessary and improper in federal practice.” 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1185 at 27 (3rd ed. 2004). “A substantial reason must be given or necessity must be demonstrated by the movant to justify the court ordering a reply to an answer.” Id. at 31. “This standard has proven difficult to satisfy ….” Id. Efforts by the plaintiff, rather than the defendant, to justify a reply to an answer are especially suspect, because “the reply in the former context is much more likely to be self-serving and not based on any legitimate need than in the latter context.” Id. at 34. The plaintiffs’ filing falls squarely within this description. For the reasons set forth above, the plaintiffs’ response to the defendants’ answer is stricken. DONE and ORDERED this 19th day of December, 2012. s/ WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?