Baxter v. Brock & Scott, PLLC et al

Filing 21

ORDER re 1 Complaint, Brock & Scott, PLLC answer due 6/2/2014; Thomas McDonald answer due 6/2/2014; Trustee Services of Carolina, LLC answer due 6/2/2014; Jeremy Wilkins answer due 6/2/2014. Signed by Chief Judge Frank D. Whitney on 5/29/2014. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00165-FDW-DSK
LARRY BAXTER, JR.,
Plaintiff,
vs.
BROCK & SCOTT, PLLC, JP
MORGAN CHASE & CO., ANDREA
HUDSON, CLARENCE CHAPPELLE,
JEREMY WILKINS, and TRUSTEE
SERVICES OF CAROLINAS, LLC,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court sue sponte because Defendants Brock & Scott,
PLLC, Thomas McDonald, Trustee Services of Carolina, LLC, and Jeremey Wilkins have failed
to file an answer to Plaintiff’s Complaint within the required time limitations, even after the
Court granted these Defendants’ Motion for an Extension of Time to file an answer until May
27, 2014. (Doc. No. 12).
The Court notes that the Motion to Dismiss filed by Defendants Brock & Scott, PLLC,
Thomas McDonald, Trustee Services of Carolina, LLC, and Jeremey Wilkins, (Doc. No. 18),
was solely 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-mc-00047, (Doc. No. 21).

This

Standing Order, which was transmitted to Defendant via ECF, states “a defendant who
1

The Motion to Dismiss, (Doc. No. 13), filed by Defendants Clarence Chappelle, Andrea Hudson, and JP Morgan
Chase & Co. was filed pursuant 12(b)(1) as well as 12(b)(6). Under the Court’s Standing Orders, Misc. No. 3:07mc-00047 (Doc. No. 2), “the filing of a pre-answer motion to dismiss for one or more of the reasons set forth in Rule
12(b)(1), 12(b)(2), or 12(b)(5), or a motion for a more definite statement pursuant to Rule 12(e), will toll the time
required to plead responsively until ten (10) days following the disposition of the motion.”

contemplates filing a Rule 12(b)(6) motion must still serve and file a timely responsive
pleading.” (Doc. No. 2) (emphasis in original). Accordingly, these Defendants are ORDERED
to file an answer to Plaintiff’s Complaint by Monday, June 2, 2014. If Defendants fail to file an
answer, the Court will entertain a motion for entry of default. Additionally, these Defendants are
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 sort arise again in these proceedings.
IT IS SO ORDERED.

Signed: May 29, 2014

2