Irwin Financial Corporation, et al v. EMPP, Inc.
Filing
22
ORDER denying as moot 15 Motion to Dismiss Counts/Claims. Signed by Judge David G Campbell on 9/9/2008.(NVJ)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WO
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Irwin Financial Corporation, an Indiana ) ) corporation; and Irwin Mortgage ) Corporation, and Indian corporation, ) Plaintiffs/Counterdefendant, ) ) ) vs. ) E.M.P.P., Inc., an Arizona corporation, ) ) Defendant/Counterclaimant. ) ) )
No. CV-08-631-PHX-DGC ORDER
Irwin Mortgage Corporation has filed a motion to dismiss EMPP's counterclaim and an alternative motion for a more definite statement. Dkt. #15. EMPP has responded by filing an amended counterclaim. Dkt. #21. Because a motion to dismiss is not a "responsive pleading" within the meaning of Rule 15 of the Federal Rules of Civil Procedure, EMPP was entitled to file its amended counterclaim as a matter of course. See Fed. R. Civ. P. 15(a); Allwaste, Inc. v. Hecht, 65 F.3d
1523, 1530 (9th Cir. 1995) (citing Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d
1393, 1401 (9th Cir. 1986)). In light of the amended counterclaim, the Court will deny the motion to dismiss the original counterclaim and the alternative motion for a more definite statement as moot.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
IT IS ORDERED that Irwin Mortgage Corporation's motion to dismiss counterclaim and alternative motion for more definite statement (Dkt. #15) are denied as moot. DATED this 9th day of September, 2008.
-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?