Shell v. Ohio Family Rights et al

Filing 38

Opinion and Order signed by Judge James S. Gwin on 4/5/16 partially granting the motion of defendant Ray Lautenschlager for an extension of time to file an answer to the complaint. The Court orders Defendant Lautenschalger to file an answer to the complaint by 4/13/16, or risk an entry of default judgment. (Related Doc. 37 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------SUZANNE SHELL,
Plaintiff,
vs.
OHIO FAMILY RIGHTS, et al.,
Defendants.

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CASE NO. 15-cv-1757

OPINION AND ORDER
[Resolving Doc. 37]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Defendant Ray Lautenschlager moves for an extension of time to file an answer.1
Lautenschlager says that Plaintiff Suzanne Shell has not served him with all of the documents
filed in this case and so cannot “adequately prepare a defense.”2
However, Defendant does not need all of these documents in order to file an answer. All
Defendant needs is a properly served copy of the operative complaint and summons.3 This Court
already determined that Plaintiff Shell perfected service of her first amended complaint on
Defendant Lautenschlager.4 Therefore, Defendant Lautenschlager can and must answer the
complaint.

1

Doc. 37.
Id. at 1.
3
Fed. R. Civ. P. 12(a)(1)(A)(i) (“A defendant must serve an answer [] within 21 days after being served with the
summons and complaint”).
4
Doc. 35 at 3.
2

Case No. 15-cv-1757
Gwin, J.
This Court ORDERS that Defendant Lautenschlager file an answer to the complaint by
April 13, 2016, or risk an entry of default judgment.
IT IS SO ORDERED.

Dated: April 5, 2016

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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