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Irwin Financial Corporation v. E.M.P.P., Inc.

United States District Court, D. Arizona
Sep 9, 2008
No. CV-08-631-PHX-DGC (D. Ariz. Sep. 9, 2008)

Opinion

No. CV-08-631-PHX-DGC.

September 9, 2008


ORDER


Irwin Mortgage Corporation has filed a motion to dismiss EMPP's counterclaim and an alternative motion for a more definite statement. Dkt. #15. EMPP has responded by filing an amended counterclaim. Dkt. #21.

Because a motion to dismiss is not a "responsive pleading" within the meaning of Rule 15 of the Federal Rules of Civil Procedure, EMPP was entitled to file its amended counterclaim as a matter of course. See Fed.R.Civ.P. 15(a); Allwaste, Inc. v. Hecht, 65 F.3d 1523, 1530 (9th Cir. 1995) (citing Schreiber Distrib. Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986)). In light of the amended counterclaim, the Court will deny the motion to dismiss the original counterclaim and the alternative motion for a more definite statement as moot. IT IS ORDERED that Irwin Mortgage Corporation's motion to dismiss counterclaim and alternative motion for more definite statement (Dkt. #15) are denied as moot.


Summaries of

Irwin Financial Corporation v. E.M.P.P., Inc.

United States District Court, D. Arizona
Sep 9, 2008
No. CV-08-631-PHX-DGC (D. Ariz. Sep. 9, 2008)
Case details for

Irwin Financial Corporation v. E.M.P.P., Inc.

Case Details

Full title:Irwin Financial Corporation, an Indiana corporation; and Irwin Mortgage…

Court:United States District Court, D. Arizona

Date published: Sep 9, 2008

Citations

No. CV-08-631-PHX-DGC (D. Ariz. Sep. 9, 2008)

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