Ross v. Hartford Life and Accident Insurance Company

Filing 8

ORDER to Answer re 1 Complaint, Hartford Life and Accident Insurance Company answer due 4/18/2014 at 5:00pm. Signed by Chief Judge Frank D. Whitney on 4/15/2014. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-CV-00072-FDW-DSC
MARY CAROL ROSS,
Plaintiff,
vs.
HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,
Defendant.

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ORDER

THIS MATTER is before the Court because Defendant has failed to file an answer to
Plaintiff’s Complaint within the required time limitations. The Court notes that Defendant’s
Motion to Dismiss, (Doc. No. 5), was based on Rule 12(b)(6) of the Federal Rules of Civil
Procedure and therefore did not toll the deadline to file an answer under the Standing Order
Governing Civil Case Management Before the Honorable Frank D. Whitney, Misc. No. 3:07-mc00047 (Doc. No. 2). This Standing Order, which was transmitted to Defendant via ECF, states
“a defendant who contemplates filing a Rule 12(b)(6) motion must still serve and file a timely
responsive pleading.”

(Doc. No. 2) (emphasis in original).

Accordingly, Defendant is

ORDERED to file an answer to Plaintiff’s Complaint by 5:00 pm on April 18, 2014.

If

Defendant fails to file an answer, the Court will entertain a motion for entry of default.
Additionally, Defendant is STRONGLY ADVISED to review the Federal Rules of Civil
Procedure, the Local Rules, and the Standing Order Governing Civil Case Management Before
the Honorable Frank D. Whitney so that no other issues of this

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sort arise again in these proceedings.
IT IS SO ORDERED.

Signed: April 15, 2014

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