PLEADINGS AND RULE 12
A defendant believes the complaint fails to state a legally sufficient claim. Which Rule 12 defense applies?
Rule 12(b)(6) - failure to state a claim upon which relief can be granted.
P files a complaint. What rule tells you when a civil action begins?
Rule 3: a civil action is commenced by filing a complaint with the Court.
what rule contains the general scope and proportionality standard for discovery?
Rule 26(b)(1).
Which statute generally gives federal district courts federal-question jurisdiction?
28 U.S.C. Sec 1331.
Which rule governs voluntary and involuntary dismissal of actions?
Rule 41.
Defendant files a pre-answer Rule 12 motion asserting only 12(b)(6). After it is denied, D tries to assert lack of personal jurisdiction. Waived or preserved?
Waived. Rule 12(g)(2) and 12(h)(1) generally require defenses such as lack of personal jurisdiction to be included in the first Rule 12 response when available.
D needs additional time to calculate a filing deadline. Which rule contains general rules for computing time?
Rule 6.
P wants written answers under oath from the opposing party. Which device?
Rule 33 interrogatories.
what are the two core requirements typically tested for diversity jurisdiction under Sec 1332(a).
Complete diversity of citizenship and an amount in controversy exceeding $75,000.00, exclusive of interest and costs.
Before D serves an answer or summary-judgment motion, P wants to voluntarily dismiss. What mechanism may be available?
Rule 41(a)(1)(A)(i): notice of dismissal before the opposing party serves either an answer or motion for summary judgment.
Which Rule 12 defenses are the classic "use them or lose them" defenses?
Rules 12(b)(2)-(5): lack of personal jurisdiction, improper venue, insufficient process, and insufficient process, and insufficient service of process. See Rule 12(H)(1).
Paula sues Derek for injuries from a car accident. In his answer Derek claims that Paula actually caused the accident and that Paula owes him $20K for damage to his car. What type of claim is Derek assert and which rule applies?
P wants emails, contracts, photos, and electronically stored information. Which device?
Rule 34 requests for production.
P (Virginia) sues D1 (Kentucky) and D2 (Virginia) solely under state law for $200,000. Diversity jurisdiction?
No. Complete diversity is absent because P and D2 are citizens of the same state.
D fails to plead or otherwise defend. What must ordinarily occur before a default judgment?
Entry of default under Rule 55(a), followed by the applicable default-judgment procedure under Rule 55(b).
A complaint says only: "Defendant unlawfully harmed Plaintiff," with no supporting facts. What pleading doctrine should you analyze?
Rule 8(a)(2) together with Twombly/Iqbal plausibility disregard mere legal conclusions and determine whether factual allegations plausibly state a claim.
Paula requests every email Derek has sent to anyone during the last 15 yrs in a lawsuit invilving a single car accident that happened 6 mths ago. Derek obhects that producing the emails would require reviewing thousands of unrelated communications. Pauls asks the Court for sanctions under Rule 37. Should the Court automatically sanction?
No. First analyze permissible scope of discovery under Rule 26(b)(1) and Discovery must be relevant to claim or defense and proportional to the needs of the case.
A party refuses to obey a discovery order. Which rule governs motions to compel and many discovery sanctions?
Rule 37.
Emma files a lawsuit in federal court against Noah. The judge notices that the case does not involve a federal question and the requirements for diversity jurisdiction are not satisfied. Neither Emma nor Noah raises the issue. Can the federal court ignore the problem because neither party objected?
No. a federal court must have SMJ to hear the case. SMJ cannot be waived or created by agreement, and the Court can raise the issue on its own.
P demands $50,000 in the complaint. After D default, P asks for $500,000. What rule creates a problem?
Rule 54(c): a default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Connect Rule 54(c) with Rule 55.
D omits SMJ from the first Rule 12 motion. Months later D discovers complete diversity never existed. Is the objection waived?
No. Lack of SMJ is not waived; Rule 12(h)(3) requires dismissal whenever the court determines SMJ is lacking.
Paula serves Derek w proper Rule 34 req for surveillance footage from the store where Paula was injured. The footage is relevant to whether Derek was negligent. Derek refuses to produce it. Paula successfully obtain a court order compelling production & he still refuses bc he believes the video will destroy his defense. What rule applies and what is the fact that makes Derek's situation more serious?
P requests every email D has sent during the last 20 years in a dispute about one contract signed last month. What is D's strongest Rule 26 objection?
The request is likely disproportionate to the needs of the case and potentially beyond relevant discovery under Rule 26(b)(1). Analyze importance, amount in controversy, access, resources, importance of discovery, and burden versus likely benefit.
Paula a citizen of VA sues Derek, also a citizen of VA in federal court for $200k based solely on a state-law negligence claim. Derek does not object to subject-matter jurisdiction and both parties tell the judge they agree to have the case heard in federal court. May the federal court hear the case based on the parties' agreement?
No. The court lacks SMJ. There is no federal question under 28 USC Sec 1331 and there is no diversity jurisdiction under Sec 1332 because Paula and Derek are citizens of the same state. Parties cannot consent to, waive or create SMJ.
A plaintiff voluntarily dismisses an action once under Rule 41(a)(1). Several months later, the plaintiff files the same claim against the same defendant and again tries to voluntarily dismiss by notice before the defendant serves an answer or motion for summary judgment. What is the effect of the second dismissal?
Under the two-dismissal rule in Rule 41(a)(1)(B), the second notice of dismissal generally operates as an adjudication on the merits when the plaintiff previously dismissed an action based on or including the same claim.