Response

Question 1

12(b)(6)

Answer 1

failure to state a claim upon which relief can be granted

Question 2

12(g)

Answer 2

joining motions
(except as limited by timing rules)

Question 3

12(h)

Answer 3

(2) -(5): must be raised in first responsive pleading
(6) -(7): must be raised before end of trial
(1) : can be raised at any time

Question 4

Rule 41(b)

Answer 4

involuntary dismissal of a claim

DF can move to dismiss PL claims that do not comply with rules of court or which PL has not pursued

Question 5

Rule 55

Answer 5

(a) Default
(b) Default Judgment
(1) By Clerk: MUST with sum certain and failure to appear.
(2) By Court: holds hearing; must provide 7 day notice of hearing
(c) Setting Aside.
for good cause if prejudice to party, meritorious defense for failure
to appear

WHY: COURT POLICY WANT TO HEAR MERITORIOUS CLAIMS AND DEFENSES

Question 6

12(a)

Answer 6

Timing service of responses
Answer: within 21 days
After Motion: 14 days of denial
12(e): 14 days to file correction