Blixseth v. Brown et al

Filing 6

ORDER. IT IS ORDERED that Defendants have until January 5, 2018, to file an Answer or responsive pleading in this matter. IT IS FURTHER ORDERED that the parties shall file a status report by December 18, 2017. Signed by Judge Donald W. Molloy on 11/27/2017. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

CV 17-97-M-DWM

TIMOTHY L. BLIXSETH,
Plaintiff,

ORDER

vs.
STEPHEN BROWN, an individual;
GARLINGTON, LOHN &
ROBINSON, PLLP, a Montana
professional limited liability
partnership; DOES and ROES 1-100,
Defendants.

Before the Court is the parties' stipulation regarding the necessity of a
responsive pleading in this case. (Doc. 5.) Although Defendants executed a
waiver of service on August 14, 2017, that waiver was not filed with the Court
until November 22, 2017, (Doc. 4), following the Court's Order that Plaintiff
accomplish service or show good cause why service had not been accomplished,
(Doc. 3). The parties now stipulate that Defendants are not required to file a
responsive pleading "while other issues are being resolved," and that "those other
issues should be and will be resolved before the end of the year." The parties cite
no authority for the proposition that the Federal Rules of Civil Procedure are
-1-

susceptible to amendment by stipulation, and do not address the now-lapsed
deadline for Defendants' responsive pleading. See Fed. R. Civ. P. 12(a)(l)(A)(ii).
The Court will therefore construe the stipulation as a motion for extension of time
to file a responsive pleading. Accordingly,
IT IS ORDERED that Defendants have until January 5, 2018, to file an
Answer or responsive pleading in this matter.
IT IS FURTHER ORDERED that the parties shall file a status report by
December 18, 2017.
DATED this

./-

j.J_ day of November, 2017.

/
olloy, District Judge
District Court

-2-