Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Plaintiff Metro Freight Co. sues Defendant Oceanic Corp. in the Regional Trial Court for breach of a freight charter party. After service of summons, Oceanic has 15 days to file a responsive pleading. On day 7, Oceanic files a Motion to Dismiss for lack of jurisdiction. On day 20, the trial court issues an order tolling the period to file a responsive pleading pending resolution of the motion to dismiss and provides that after resolution, Oceanic shall file any responsive pleading within 15 days. On day 34, the motion to dismiss is denied. On day 40, within 15 days after resolution, Oceanic files an Answer raising defenses including prescription and lack of privity. The plaintiff moves for default for failure to file an Answer within 15 days after resolution. (a)Identify the controlling rule under Rule 11 regarding what constitutes a proper responsive pleading and the deadline for filing it, and explain whether a court-ordered tolling tolls the deadline to file an Answer. (b)Distinguish between an Answer and a Motion to Dismiss as responsive pleadings, and state the proper sequence and authority for pleading in response to a complaint. (c)Apply to the facts: Is the defendant’s 40th-day filing of an Answer timely for purposes of avoiding default? If not, what is the likely effect, and what remedies may the defendant seek to protect meritorious defenses? If the court has already entered or is about to enter default, what recourse remains for the defendant to preserve the case for trial?