Redding v. Justia, Inc. et al

Filing 16

Rule 12/56 letter mailed to Plaintiff re: 15 motion of Justia to dismiss. (dass, Deputy Clerk)

UNITE STATE DISTR
ED
ES
RICT COU
URT
DI
ISTRICT OF MAR
RYLAND
OFFICE OF THE CLE
ERK
Felicia C. Cannon, Clerk of Court
a
Jarr B. Perlow, C
rett
Chief Deputy
Elizabeth B. Snowden, C
h
Chief Deputy

division.
Choose a d

r
October 3, 2011
J
James Redd
ding
P Box 3411
P.O.
W
Washington, DC 20010
,
RE:

Redding v. Justia, Inc et al
v
c.
Civil No. 1:11-cv-006
674-CCB

D Mr. Redding:
Dear
The Defendant(s) Justia, Inc., has filed a motion to d
D
),
dismiss or fo summary j
or
judgment. I this
If
m
motion is gra
anted, it coul result in th dismissal of your cas or the entr of judgme against y
ld
he
l
se
ry
ent
you.
You have the rig to file a response to this motion within sev
ght
o
n
venteen (17) days from the date
)
o this letter Your resp
of
r.
ponse should respond to and explain the facts or matters state in the mo
d
ed
otion, but
p
please note th Local Ru 105.3 lim the length of a mem
hat
ule
mits
morandum to 50 pages, ex
xcluding affi
fidavits,
e
exhibits, and attachments If appropriate, your re
d
s.
esponse may include aff
y
fidavits (stat
tements mad under
de
o
oath); declar
rations (statements made subject to th penalty o perjury un
e
he
of
nder 28 U.S.C § 1746); o other
C.
or
m
materials con
ntesting the affidavits, de
a
eclarations, or records fi
iled by the d
defendant(s).
.
You must send a copy of all materials filed in your response t all other parties or, i
l
f
r
to
if
r
represented to their attorneys. Ple
d,
ease include a certificate of service w the resp
e
e
with
ponse you fi with
ile
t Court. Your certific of servic should sta that you m
this
Y
cate
ce
ate
mailed a cop of your re
py
esponse to th
hem, how
y mailed th copy, and when you mailed the copy.
you
he
d
m
c
If you do not file a timely written respo
u
e
w
onse, the Co
ourt may di
ismiss the ca or enter
ase
r
judgment ag
gainst you without furt
w
ther notice. For your re
eference, a co of Feder Civil Rul 12
opy
ral
les
a 56, whic govern a motion to dis
and
ch
m
smiss or sum
mmary judgm
ment, are atta
ached to this letter.
s
Sincerel
ly,

By:
:

FELICI C. CANN
IA
NON, CLER
RK
D. Skinn
ner
Deputy Clerk

E
Enclosures
c
cc:
Oppo
osing Counse
el
U District Court (Rev. 05/2010)
U.S.
t

Northern Division • 422 U.S. Courth
28
house • 101 W. Lombard Stre • Baltimore, Maryland 212
eet
201• 410-962-2
2600
Southern Division • 200 U.S. Courtho
n
0
ouse • 6500 Ch
herrywood Lan • Greenbelt, Maryland 207 • 301-344-0
ne
770
0660
Visit the U.S. District Cour Website at ww
U
rt’s
ww.mdd.uscourts
s.gov

Rule 12. Defenses and Objections: When and How
Presented; Motion for Judgment on the Pleadings;
Consolidating Motions; Waiving Defenses; Pretrial
Hearing
(a) TIME TO SERVE A RESPONSIVE
PLEADING. (1) In General. Unless another time is
specified by this rule or a federal statute, the time for
serving a responsive pleading is as follows:
(A) A defendant must serve an answer: (i) within 21
days after being served with the summons and
complaint; or (ii) if it has timely waived service
under Rule 4(d), within 60 days after the request for
a waiver was sent, or within 90 days after it was sent
to the defendant outside any judicial district of the
United States. (B) A party must serve an answer to a
counterclaim or crossclaim within 21 days after
being served with the pleading that states the
counterclaim or crossclaim. (C) A party must serve
a reply to an answer within 21 days after being
served with an order to reply, unless the order
specifies a different time. (2) United States and Its
Agencies, Officers, or Employees Sued in an
Official Capacity. The United States, a United States
agency, or a United States officer or employee sued
only in an official capacity must serve an answer to
a complaint, counterclaim, or crossclaim within 60
days after service on the United States attorney. (3)
United States Officers or Employees Sued in an
Individual Capacity. A United States officer or
employee sued in an individual capacity for an act
or omission occurring in connection with duties
performed on the United States’ behalf must serve
an answer to a complaint, counterclaim, or
crossclaim within 60 days after service on the
officer or employee or service on the United States
attorney, whichever is later. (4) Effect of a Motion.
Unless the court sets a different time, serving a
motion under this rule alters these periods as
follows: (A) if the court denies the motion or
postpones its disposition until trial, the responsive
pleading must be served within 14 days after notice
of the court’s action; or (B) if the court grants a
motion for a more definite statement, the responsive
pleading must be served within 14 days after the
more definite statement is served.
(b) HOW TO PRESENT DEFENSES. Every
defense to a claim for relief in any pleading must be
asserted in the responsive pleading if one is required.
But a party may assert the following defenses by
motion: (1) lack of subject-matter jurisdiction; (2)
lack of personal jurisdiction; (3) improper venue; (4)
insufficient process; (5) insufficient service of
process; (6) failure to state a claim upon which relief
can be granted; and (7) failure to join a party under
Rule 19. A motion asserting any of these defenses
must be made before pleading if a responsive
pleading is allowed. If a pleading sets out a claim for
relief that does not require a responsive pleading, an
opposing party may assert at trial any defense to that
claim. No defense or objection is waived by joining it
with one or more other defenses or objections in a
responsive pleading or in a motion.
(c) MOTION FOR JUDGMENT ON THE
PLEADINGS. After the pleadings are closed—but
early enough not to delay trial—a party may move for
judgment on the pleadings.
(d) RESULT OF PRESENTING MATTERS
OUTSIDE THE PLEADINGS. If, on a motion
under Rule 12(b)(6) or 12(c), matters outside the
pleadings are presented to and not excluded by the
court, the motion must be treated as one for summary
judgment under Rule 56. All parties must be given a
reasonable opportunity to present all the material that
is pertinent to the motion.
(e) MOTION FOR A MORE DEFINITE
STATEMENT. A party may move for a more definite
statement of a pleading to which a responsive pleading
is allowed but which is so vague or ambiguous that the
party cannot reasonably prepare a response. The motion
must be made before filing a responsive pleading and
must point out the defects complained of and the details

desired. If the court orders a more definite statement
and the order is not obeyed within 14 days after notice
of the order or within the time the court sets, the court
may strike the pleading or issue any other appropriate
order.
(f) MOTION TO STRIKE. The court may strike from
a pleading an insufficient defense or any redundant,
immaterial, impertinent, or scandalous matter. The
court may act: (1) on its own; or (2) on motion made
by a party either before responding to the pleading or,
if a response is not allowed, within 21 days after being
served with the pleading.
(g) JOINING MOTIONS. (1) Right to Join. A
motion under this rule may be joined with any other
motion allowed by this rule. (2) Limitation on Further
Motions. Except as provided in Rule 12(h)(2) or (3), a
party that makes a motion under this rule must not
make another motion under this rule raising a defense
or objection that was available to the party but omitted
from its earlier motion.
(h) WAIVING AND PRESERVING CERTAIN
DEFENSES. (1) When Some Are Waived. A party
waives any defense listed in Rule 12(b)(2)-(5) by: (A)
omitting it from a motion in the circumstances
described in Rule 12(g)(2); or (B) failing to either: (i)
make it by motion under this rule; or (ii) include it in a
responsive pleading or in an amendment allowed by
Rule 15(a)(1) as a matter of course. (2) When to Raise
Others. Failure to state a claim upon which relief can
be granted, to join a person required by Rule 19(b), or
to state a legal defense to a claim may be raised: (A) in
any pleading allowed or ordered under Rule 7(a); (B)
by a motion under Rule 12(c); or (C) at trial. (3) Lack
of Subject-Matter Jurisdiction. If the court determines
at any time that it lacks subject-matter jurisdiction, the
court must dismiss the action.
(i) HEARING BEFORE TRIAL. If a party so moves,
any defense listed in Rule 12(b)(1)-(7)—whether made
in a pleading or by motion—and a motion under Rule
12(c) must be heard and decided before trial unless the
court orders a deferral until trial.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan.
21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1,
1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993,
eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000;
Apr. 30, 2007, eff. Dec. 1, 2007; eff. Dec. 1, 2009.)
Rule 56. Summary Judgment
(a) MOTION FOR SUMMARY JUDGMENT OR
PARTIAL SUMMARY JUDGMENT. A party may
move for summary judgment, identifying each claim or
defense — or the part of each claim or defense — on
which summary judgment is sought. The court shall
grant summary judgment if the movant shows that
there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law.
The court should state on the record the reasons for
granting or denying the motion.
(b) TIME TO FILE A MOTION. Unless a different
time is set by local rule or the court orders otherwise, a
party may file a motion for summary judgment at any
time until 30 days after the close of all discovery.
(c) PROCEDURES. (1) Supporting Factual Positions.
A party asserting that a fact cannot be or is genuinely
disputed must support the assertion by: (A) citing to
particular parts of materials in the record, including
depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an
adverse party cannot produce admissible evidence to
support the fact. (2) Objection That a Fact Is Not
Supported by Admissible Evidence. A party may object
that the material cited to support or dispute a fact cannot
be presented in a form that would be admissible in
evidence. (3) Materials Not Cited. The court need
consider only the cited materials, but it may consider
other materials in the record. (4) Affidavits or
Declarations. An affidavit or declaration used to support

or oppose a motion must be made on personal
knowledge, set out facts that would be admissible in
evidence, and show that the affiant or declarant is
competent to testify on the matters stated.
(d) WHEN FACTS ARE UNAVAILABLE TO
THE NONMOVANT. If a nonmovant shows by
affidavit or declaration that, for specified reasons, it
cannot present facts essential to justify its
opposition, the court may: (1) defer considering the
motion or deny it; (2) allow time to obtain affidavits
or declarations or to take discovery; or (3) issue any
other appropriate order.
(e) FAILING TO PROPERLY SUPPORT OR
ADDRESS A FACT. If a party fails to properly
support an assertion of fact or fails to properly
address another party’s assertion of fact as required
by Rule 56(c), the court may: (1) give an
opportunity to properly support or address the fact;
(2) consider the fact undisputed for purposes of the
motion; (3) grant summary judgment if the motion
and supporting materials — including the facts
considered undisputed — show that the movant is
entitled to it; or (4) issue any other appropriate
order.
(f) JUDGMENT INDEPENDENT OF THE
MOTION. After giving notice and a reasonable
time to respond, the court may: (1) grant summary
judgment for a nonmovant; (2) grant the motion on
grounds not raised by a party; or (3) consider
summary judgment on its own after identifying for
the parties material facts that may not be genuinely
in dispute.
(g) FAILING TO GRANT ALL THE
REQUESTED RELIEF. If the court does not
grant all the relief requested by the motion, it may
enter an order stating any material fact — including
an item of damages or other relief — that is not
genuinely in dispute and treating the fact as
established in the case.
(h) AFFIDAVIT OR DECLARATION
SUBMITTED IN BAD FAITH. If satisfied that an
affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court — after
notice and a reasonable time to respond — may
order the submitting party to pay the other party the
reasonable expenses, including attorney’s fees, it
incurred as a result. An offending party or attorney
may also be held in contempt or subjected to other
appropriate sanctions.
(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan.
21, 1963, eff. July 1, 1963; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; eff. Dec.
1, 2009; eff. Dec. 1, 2010)
28 USC § 1746. Unsworn declaration under
penalty of perjury.
Wherever, under any law of the United States or
under any rule, regulation, order, or requirement
made pursuant to law, any matter is required or
permitted to be supported, evidenced, established, or
proved by the sworn declaration, verification,
certificate, statement, oath, or affidavit, in writing of
the person making the same (other than a deposition,
or an oath of office, or an oath required to be taken
before a specified official other than a notary
public), such matter may, with like force and effect,
be supported, evidenced, established, or proved by
the unsworn declaration, certificate, verification, or
statement, in writing of such person which is
subscribed by him, as true under penalty of perjury,
and dated, in substantially the following form: (1)
If executed without the United States: "I declare (or
certify, verify, or state) under penalty of perjury
under the laws of the United States of America that
the foregoing is true and correct. Executed on (date).
(Signature) (2) If executed within the United
States, its territories, possessions, or
commonwealths: "I declare (or certify, verify, or
state) under penalty of perjury that the foregoing is
true and correct. Executed on (date). (Signature)
(Added Pub. L. 94–550, § 1(a), Oct. 18, 1976, 90
Stat. 2534.)