US Bank National Association v. United States Department of Homeland Security Customs and Border Protection

Filing 20

ORDER signed by Judge Lynn Adelman on 5/24/13 denying 13 Motion for Default Judgment; granting 16 Motion to clarify. Defendant's response to the amended complaint due 6/3/13. Further ordering that briefing on plaintiffs motion for summary judgment 7 is STAYED until further notice. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
U.S. BANK, NA,
Plaintiff,
v.

Case No. 13-CV-00072

UNITED STATES DEPARTMENT OF
HOMELAND SECURITY CUSTOMS AND
BORDER PROTECTION,
Defendant.

DECISION AND ORDER
Plaintiff U.S. Bank sues the United States Department of Homeland Security,
Customs and Border Protection for relief under the Declaratory Judgment Act, 28 U.S.C.
§ 2201. On April 18, 2013, plaintiff filed and served an amended complaint. Defendant has
not yet responded to this pleading, and the parties disagree about the deadline for its
response. Plaintiff argues that Fed. R. Civ. P. 15(a)(3) gave defendant 14 days to respond,
and it moves for entry of default judgment because defendant has missed this deadline.
Defendant argues that Fed. R. Civ. P. 12(a)(2) extends its response time to 60 days
because it is an agency of the U.S. government. It moves to clarify and if necessary extend
the deadline for its response.
I find that Rule 15(a)(3) governs this case because it specifically addresses
responses to amended pleadings. This rule states that, “[u]nless the court orders
otherwise, any required response to an amended pleading must be made within the time
remaining to respond to the original pleading or within 14 days after service of the
amended pleading, whichever is later.” Fed. R. Civ. P. 15(a)(3). Here, the deadline for

responding to the original complaint was April 29, 2013, which is less than 14 days after
service of the amended complaint. Thus, the rules only gave defendant 14 days to respond
to plaintiff’s amended complaint unless I decide to extend the deadline. Defendant asks
that I extend the deadline because it was reasonably confused about the time allowed for
its response and is ready to defend the case on the merits. I will grant its request and give
it until June 3, 2013 to respond. I will also grant its request to stay briefing on the motion
for summary judgment recently filed by plaintiff. Defendant plans to file a motion to dismiss
for lack of subject matter jurisdiction in lieu of an answer. If I grant this motion, briefing on
the summary judgment motion will be unnecessary.
THEREFORE, IT IS ORDERED that plaintiff’s motion for default judgment (Docket
#13) is DENIED.
IT IS FURTHER ORDERED that defendant’s motion to clarify and, if necessary,
extend the deadline for its response to the amended complaint (Docket #16) is GRANTED.
Defendant shall respond to the amended complaint on or before June 3, 2013.
IT IS FURTHER ORDERED that briefing on plaintiff’s motion for summary judgment
(Docket #7) is STAYED until further notice.
Dated at Milwaukee, Wisconsin, this 24th day of May 2013.

s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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