Cravens et al v. New Century Mortgage Company et al

Filing 8

ORDER granting 6 Motion for Notice of Related Case; Case Number 4:10CV01511 is related to this case and direct assignment is warranted; denying without prejudice defts' 7 Motion to Dismiss; defts' motion to dismiss and pltfs' response must be filed separately in this case. Signed by Judge Susan Webber Wright on 4/21/11. (vjt)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION JONATHAN C. CRAVENS and THRESSA CRAVENS, Plaintiffs V. NEW CENTURY MORTGAGE COMPANY; ET AL. * * * * * * * * * NO: 4:11CV00289 SWW Defendants ORDER Before the Court is Defendants’ notice of related case (docket entry #6). The Court agrees that prior case number 4:10CV01511 SWW is related to this case and that direct assignment is warranted. Accordingly, the notice of related case (docket entry #6) is GRANTED. Also before the Court is Defendants’ motion to dismiss (docket entry #7), stating that Defendants renew a motion to dismiss previously filed in case number 4:10CV01511, which is a closed case. Defendants’ motion to dismiss and Plaintiffs’ response must be filed separately in this case. 1 Accordingly, Defendants’ renewed motion to dismiss (docket entry #7) is denied 1 Defendants note that Rule 81(c)(2) of the Federal Rules of Civil Procedure provides that after removal, “repleading” is unnecessary. Rule 81(c) contemplates that a defendant may answer a complaint before removing a case to federal court, and it eliminates the need to refile, in federal court, a responsive pleading filed in state court. A “pleading,” as defined by the Federal Rules of Civil Procedure which apply to civil actions after removal, includes a complaint, an answer, a reply to a counterclaim, an answer to a cross-claim, a third-party 1 without prejudice. IT IS SO ORDERED THIS 21ST DAY OF APRIL, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE complaint, a third-party answer, and pursuant to a court order, a reply to an answer or a third party answer. See Fed. R. Civ. P. 7(a). A motion to dismiss, particularly a motion to dismiss filed in federal court after removal, does not qualify as a pleading for purposes of Rule 81(c). 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?