Rowe et al v. Aurora Commercial Corp. et al

Filing 65

MEMORANDUM OPINION AND ORDER: Pending with the court is defendant's 59 MOTION for Judgment on the Pleadings. Plaintiff's oppose defendant's motion have filed a 61 Response. Plaintiff's 45 second amended complaint and [6 1] response in opposition make reference to a number of exhibits. However, the second amended complaint contains no such exhibits or attachments. So that the court may have a complete record on which to rule on defendant's motion, plaintiff's are hereby ORDERED to file their exhibits to which their second amended complaint refers with the Clerk of Court no later than 01/23/2015. Signed by Judge David A. Faber on 1/16/2015. (cc: attys; any unrepresented party) (msa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BECKLEY
JAMES J. ROWE and
SHARON H. ROWE,
Plaintiffs,
v.

Civil Action No: 5:13-21369

CITIBANK N.A. as the Trustee
for LEHAM XS MORTGAGE PASS-THRU
CERTIFICATES, SERIES 2005–06,
Defendant.

MEMORANDUM OPINION AND ORDER
Pending before the court is defendant’s motion for judgment
on the pleadings pursuant to Federal Rule of Civil Procedure
12(c). (Doc. No. 59).
have filed a response.

Plaintiffs oppose defendant’s motion and
(Doc. No. 61).

When resolving a motion pursuant to Rule 12(c), a court may
consider a “written instrument” attached as an exhibit to a
pleading, “as well as [documents] attached to the motion . . .,
so long as they are integral to the complaint and authentic.”
See Fed. R. Civ. P. 10(c); Occupy Columbia v. Haley, 738 F.3d
107, 116 (4th Cir. 2013) (internal citations and quotation marks
omitted); see also Demetry v. Lasko Products, Inc., 284 F. App’x
14, 15 (4th Cir. 2008); Henson v. Monongahela Power Co., Civil
Action No. 2:09-0219, 2010 WL 3835070, at *2 (S.D.W. Va. Sept.
29, 2010).

Plaintiffs’ second amended complaint, (Doc. No. 49),
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and response in opposition to defendant’s motion for judgment on
the pleadings, (Doc. No. 61), make reference to a number of
exhibits.

However, the second amended complaint contains no

such exhibits or attachments.

So that the court may have a

complete record on which to rule on defendant’s motion,
plaintiffs are hereby ORDERED to file the exhibits to which
their second amended complaint refers with the Clerk of Court no
later than January 23, 2015.
The Clerk is directed to send a copy of this Order to
counsel of record.
IT IS SO ORDERED this 16th day of January, 2015.
Enter:

David A. Faber
Senior United States District Judge

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