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)

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