Brown v. Haya, LLC et al
ENTRY AND ORDER denying 7 Motion for Judgment on the Pleadings. Signed by Judge Thomas M. Rose on 6/2/2017. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Case No. 3:16-cv-00507
Judge Thomas M. Rose
Haya, LLC, et al.
ENTRY AND ORDER DENYING PLAINTIFF’S MOTION
FOR JUDGMENT ON THE PLEADINGS, DOC. 7.
Plaintiff has moved for judgment on the pleadings, asserting that Defendant’s answer
contains admissions that entitle her to judgment.
Pursuant to Rule 12(c), a party may move for judgment on the pleadings. Courts apply
the same analysis in this context as they do to 12(b)(6) motions to dismiss. The moving party
must establish that no material issue of fact remains to be resolved, and that the moving party is
entitled to judgment as a matter of law. For purposes of a motion for judgment on the pleadings,
“all well-pleaded material allegations of the pleadings of the opposing party must be taken as
true, and the motion may be granted only if the moving party is nevertheless clearly entitled to
judgment.” JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577, 582 (6th Cir. 2007) (internal
citations and quotation marks omitted). While the complaint is the main focus in assessing
motions for judgments on the pleadings, exhibits attached to the complaint may also be
considered. Barany-Snyder v. Weiner, 539 F.3d 327, 332 (6th Cir. 2008).
After reading the complaint and Defendant’s answer, and after considering both the
motion for judgment on the pleadings and the motion in opposition, the Court finds that there are
genuine issues of material fact that need to be resolved. Accordingly, Plaintiff’s motion is
/s/Thomas M. Rose
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
The Court acknowledges the valuable contribution of judicial extern John M. Lintz in drafting this opinion.
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