Dorsey v. Paramo et al

Filing 70

ORDER Denying Plaintiffs Motion Seeking Intervention [Doc. No. 64 ]. Signed by Judge Cathy Ann Bencivengo on 7/26/2019. (All non-registered users served via U.S. Mail Service)(anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARK E. DORSEY,

Case No.: 17cv1123-CAB-KSC
Plaintiff,

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ORDER DENYING PLAINTIFF’S
MOTION SEEKING
INTERVENTION [Doc. No. 64]

v.
DANIEL PARAMO, et al.,

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Defendant.

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On July 15, 2019, Plaintiff filed a Motion Seeking Intervention from District Court

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for a Judgment on Submitted Default Judgment on Count 1 dated 3/21/18. [Doc. No. 64.]

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In the motion, Plaintiff claims that he has not received a ruling on the default judgment that

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Plaintiff submitted on 3/21/18. Id. at 1, Ex. A. A review of the docket shows that the

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motion to which Plaintiff refers (entitled “Motion for Judgment on the Pleadings or

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Alternative Default Judgment”) was filed nunc pro tunc on March 26, 2018. [Doc. No.

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35.] The docket also shows that this Court ruled on the Motion for Judgment on the

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Pleadings or Alternative Default Judgment on August 29, 2018. See Order Adopting

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Report and Recommendation and Granting Defendants’ Motion to Dismiss, Doc. No. 40

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at 1, n. 1.] Specifically, the Court ruled as follows:

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17cv1123-CAB-KSC

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On March 28, 2018, Plaintiff filed a motion for judgment on the pleadings as
to Count 1, claiming that Defendants failed to answer Count 1, as the motion
to dismiss is only directed to Counts 2 and 3. [Doc. No. 35.] However, the
filing of a motion to dismiss under Fed.R.Civ.P. Rule 12(b) extends a
defendant’s time to file a responsive pleading, even if the Rule 12(b) motion
challenges only some of the claims of the complaint. See Compton v. City of
Harrodsburg, Ky., 287 F.R.D. 401, 402 (E.D. Ky. 2012). Therefore, the
motion for judgment on the pleadings [Doc. No. 35] is DENIED.
Given that the Court has ruled on the motion to which Plaintiff refers, the
motion seeking intervention [Doc. No. 64] is DENIED.
IT IS SO ORDERED.
Dated: July 26, 2019

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17cv1123-CAB-KSC