Nurse v. Teleperformance Inc. et al

Filing 23

ORDER denying 13 Motion for Default Judgment; denying 19 Motion for Corrective Court Documentation on a Pleading Plaintiff; denying 20 Motion for Default Judgment; granting 22 Motion to Strike the 16 Amended Complaint. The Court directs the Clerk to Strike Document Entry 16, Plaintiff's Amended Complaint from the record. Signed by Judge J. Randal Hall on 01/11/2016. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

RONALD A.

*

NURSE,

Plaintiff,
*

V.

*
*

TELEPERFORMANCE INC.;
WEST; TRACEE JOHNSON,

VERONICA

*

l:15-cv-94

*

Defendants.

*

ORDER

In this rapidly expanding case, the Court presently faces five

pending motions,
Defendants'

for

motion

default

default

all filed since December 7,
to

dismiss

judgment

judgment

(Doc.

Court Documentation'7

In this order,

(Doc.

(Doc.

13),

20),

(Doc.

7),

Plaintiff's

first

second

"Motion

and Defendants'

the Court resolves

They include:

Plaintiff's

Plaintiff's

19),

2015.

motion

motion

for

for

Corrective

motion to strike.

the latter four motions

and

leaves Defendants' motion to dismiss pending.

The

judgment.
Plaintiff,

Court

begins

(Docs.

13,

with

20).

proceeding pro se,

Plaintiff's

motions

In each default

for

default

judgment motion,

makes a nearly identical argument,

which takes the following form:

1. If Defendants execute waivers of service of process, Federal
Rule of Civil Procedure 12 (a) (1) (A) (ii)

requires Defendants to

answer within 60 days after the waiver requests were sent;
2. Defendants were sent waiver requests on October 7, 2015;
3. Defendants each waived service of process;

4. Defendants'

deadline to answer was December 7, 2015;

5. Defendants have not answered;

6. ergo default judgment should be granted.
Plaintiff s

ignores

argument

multiple

is

a

sound,

rules

of

logical

civil

syllogism—except

procedure.

Most

that

it

notably,

Defendants timely filed their motion to dismiss on December 7th1
and,

under

Rule

12(a)(4),

they

are

not

required

to

answer

until

j

fourteen days after notice of the Court's action on their motion to
dismiss,

to

should it be

plead,

default

see

Fed.

denied.

R.

Civ.

P.

is

judgment,

not

Court

Court

Documentation"

(Doc. 22) .

as

the

was

not

entry of default,

Plaintiff's

failed

much less

motions

for

13, 20) are therefore DENIED.

addresses

Plaintiff's

(Doc.

and

19)

"Motion for Corrective

Defendant's

"Amended

intended

Complaint."

Motion

to be

an

exhibit

Plaintiff

to his

opposition to Defendant's motion to dismiss.
the

have

to

Strike.

Both motions concern Docket Entry 16, which is styled

Plaintiff's

filing

55(a),

Defendants

warranted.

default judgment (Docs.

Next,

Because

"Amended

Complaint"

filed

at

Docket

indicates

response

this

brief

in

As both parties note,
Entry

16

is

an

exact

duplicate of the correctly filed Amended Complaint at Docket Entry
5.

Plaintiff

filed

the

1

requests

"Amended

Plaintiff

is

that

Complaint"

correct

the

Court

and

that

disregard

include

Defendant's

it

as

motion

the

an

to

mistakenly

exhibit

to

dismiss

is

actually filed sixty-one days after the waiver requests were sent out.
The sixtieth day, however, was Sunday, December 6, 2015.
When a

filing deadline falls on a Sunday, Federal Rule of Civil Procedure
6(a)(1)(C) provides that the deadline shall be the next business day.

Plaintiff's
move

to

response motion.

strike

the

Defendants,
Complaint,"

"Amended

for their
or

part,

simply

alternatively

grant

Plaintiff's request to make it an exhibit to Plaintiff's response
brief.

Upon due consideration,
strike

and

DENIES

Documentation."

Entry
the

16,

Court

considers

without

the

brief,

a

Court

Plaintiff's

Plaintiff's

Plaintiff

Plaintiff's

The

review

need

wishes
citation

the Court GRANTS Defendants'

DIRECTS

Amended

to

the

it

be

cite

that

Motion

to

Complaint
filed

to

refers

his
to

as

Corrective
to

STRIKE

from the
Dismiss,

filed

an

at

the

Document

To

in

Complaint

When

Court

Docket

Complaint

Amended

Court

record.

exhibit.

Amended
the

for

Clerk

"Amended Complaint,"

Defendants'

for

"Motion

motion to

will

Entry

5

the

extent

a

future

at

docket

entry five is sufficient and there is no need to include it as an
exhibit.

ORDER ENTERED at Augusta, Georgia, this

//^day of January,

2016.

HONORABH2

J.

RANEAL

HALL

UNITED SPATES DISTRICT JUDGE
IN

DISTRICT

OF

GEORGIA