Robinson v. Bridgeport Education Association et al
ORDER - that the plaintiff's "Memorandum in Response to Defendant's Answer" (filing 27 ) is stricken. Ordered by Judge John M. Gerrard. (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ASSOCIATION and NEBRASKA
This matter is before the Court on its own motion, with respect to the
plaintiff's "Memorandum in Response to Defendant's Answer" (filing 27). The
filing will be stricken.
Fed. R. Civ. P. 7(a) provides that the only pleadings allowed in federal
court are: "(1) a complaint; (2) an answer to a complaint; (3) an answer to a
counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5)
a third-party complaint; (6) an answer to a third-party complaint; and (7) if
the court orders one, a reply to an answer." The plaintiff's "memorandum" is
not a permitted pleading. Neither Bridgeport Education Association's answer
(filing 17) nor the Nebraska State Education Association's answer (filing 18)
contain a counterclaim. So, "a reply was not only not required but was not
even permissible, except by leave or order of the trial court granted in its
sound discretion." Traylor v. Black, Sivalls & Bryson, 189 F.2d 213, 216 (8th
Cir. 1951). The Court has not ordered a reply to the defendants' answers, nor
is there any reason to do so.1 Accordingly,
IT IS ORDERED that the plaintiff's "Memorandum in Response
to Defendant's Answer" (filing 27) is stricken.
Dated this 6th day of June, 2017.
BY THE COURT:
John M. Gerrard
United States District Judge
A substantial reason must be given or necessity must be demonstrated by the movant to
justify the Court ordering a reply to an answer. 5 Charles Alan Wright and Arthur R.
Miller, Federal Practice and Procedure § 1185 (3d ed. 2004).
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?