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Opposition to motion for judgment on the pleadings in United States District Court

An opposition to a motion for judgment on the pleadings in United States District Court is the topic of this blog post. A motion for judgment on the pleadings is governed by Rule 12(c) of the Federal Rules of Civil Procedure which states in pertinent part that “a party may move for judgment on the pleadings” after the pleadings are closed “but early enough not to delay trial.” The motion could also be filed in United States Bankruptcy Court under Federal Rule of Bankruptcy Procedure 7012(c).

It should be stressed that if a motion for judgment on the pleadings is not filed until shortly before any scheduled trial date that in itself would be grounds for an opposition to be filed as the motion must be filed early enough not to delay the trial.

The Ninth Circuit Court of Appeals has stated that a Rule 12(c) motion is “`functionally identical'” to a Rule 12(b)(6) motion to dismiss for failure to state a claim, and therefore the same legal standard applies.

Any party served with a motion for judgment on the pleadings should be sure to emphasize in their opposition that their complaint or answer states sufficient facts to state a claim for relief or affirmative defense as it contains detailed specific facts, and gives the opposing party ample notice of the claim or defense and the basis on which it rests.

A motion to dismiss based on Rule 12(b)(6) challenges the legal sufficiency of the claims
alleged and in considering such a motion, a court should take all allegations of material fact as true and construe them in the light most favorable to the nonmoving party.

And the United States Supreme Court recently stated that, “A claim has facial plausibility
when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007). And in Bell Atl. Corp. v. Twombly, the Court also stated that Dismissal of a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is appropriate only when the complaint does not give a defendant fair notice of a legally cognizable claim and the basis on which it rests. Bell Atl. Corp. v. Twombly supra at 555.

Attorneys or parties who would like to view a portion of a sample opposition to motion for judgment on the pleadings under Rule 12(c) that is sold by the author can see below.

 

Attorneys or parties that would like more information on a Federal litigation document package containing 42 sample documents including a sample opposition to a motion for judgment on the pleadings under Rule 12(c) can use the link shown below.

Federal litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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