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Robinson v. Hillard

United States District Court, E.D. Missouri, Eastern Division

June 23, 2015

LINDA ROBINSON Plaintiff,
v.
J.J.B. HILLARD, W.L. LYONS, LLC Defendant.

MEMORANDUM AND ORDER

E. RICHARD WEBBER, Senior District Judge.

This matter comes before the Court on Defendant J.J.B. Hilliard, W.L. Lyons, LLC's Motion for Judgment on the Pleadings [ECF No. 19].

I. BACKGROUND

Plaintiff Linda Robinson ("Plaintiff") filed a Petition to Declare Rights, Conversion, and Unjust Enrichment in the Circuit Court of St. Charles County, Missouri on January 21, 2015 [ECF No. 4]. On March 20, 2015, Defendant J.J.B. Hillard, W.L. Lyons, LLC ("Defendant") removed the case to the Eastern District of Missouri pursuant to 28 U.S.C. ยงยง 1332 and 1441 [ECF No. 1]. Defendant filed an Answer and Counter-Claim against Plaintiff on March 27, 2015 [ECF No. 9]. Plaintiff filed an Answer to Defendant's Counter-Claim on May 11, 2015 [ECF No. 14]. On May 21, 2015, Defendant filed an Amended Counterclaim against Plaintiff and a Motion for Judgment on the Pleadings [ECF Nos. 18, 19]. Plaintiff has not filed an answer to Defendant's Amended Counter-Claim.

II. DISCUSSION

Federal Rule of Civil Procedure 12(c) allows for a party to move for judgment on the pleadings after the pleadings are closed. Pleadings are considered closed once a complaint and answer have been filed, or when there is a counter-claim, once a responsive pleading to the counter-claim has been filed. State Farm Fire & Cas. Co. v. Spradling Home Inspections, LLC, No. 4:10-CV-01887NAB, 2011 WL 4056042 at *2 (E.D.Mo. Sept. 13, 2011) (citing Doe v. U.S., 419 F.3d 1058, 1061 (9th Cir. 2005), Colapissa Prop., LLC v. Assurance Co. of Am., No. 06-8063, 2007 WL 2903245 at *2 (E.D.La. 2007)). Since Plaintiff has not filed an answer to Defendant's Amended Counter-Claim, the pleadings are not closed and Defendant's Motion is premature.[1]

Accordingly,

IT IS HEREBY ORDERED that Defendant J.J.B. Hilliard, W.L. Lyons, LLC's Motion for Judgment on the Pleadings [ECF No. 19] is DENIED. So Ordered this 23rd day of June, 2015.


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