The 285 Lynn Shore Drive Condominium Trust v. Seneca Insurance Company et al
| The 285 Lynn Shore Drive Condominium Trust |
| Seneca Insurance Company and Engle Martin & Associates |
| 1:2024cv10049 |
| January 5, 2024 |
| US District Court for the District of Massachusetts |
| Julia E Kobick |
| Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Both |
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| Filing 11 District Judge Julia E. Kobick: ELECTRONIC ORDER entered re #10 Joint statement of counsel The parties' request to extend the deadline for the plaintiff to respond to defendant Seneca Insurance Company's motion for judgment on the pleadings with respect to Count I is granted. The parties are reminded that any such request for an extension of time must be made by filing a timely motion. (Currie, Haley) |
| Filing 10 JOINT STATEMENT of Counsel . (Allcock, Edmund). |
| Filing 9 District Judge Julia E. Kobick: ELECTRONIC ORDER entered. One of the defendants, Seneca Insurance Company, now moves under Federal Rule of Civil Procedure 12(b)(6) to dismiss Count I of the Complaint for breach of contract or alternatively to compel the plaintiff, the 285 Lynn Shore Drive Condominium Trust, to participate in appraisal. See Dkt. No. 7. But over two weeks earlier, the defendants, including Seneca, filed their Answer to the Complaint. See Dkt. No. 4. Seneca's motion is thus "untimely because '[a] motion asserting [a defense listed in Rule 12(b)] must be made before pleading if a responsive pleading is allowed.'" Patrick v. Rivera-Lopez, 708 F.3d 15, 18 (1st Cir. 2013) (quoting Fed. R. Civ. P. 12(b)). "Because [Seneca] filed its Rule 12(b)(6) motion after filing its answer," the Court will "trea[t] the motion as a Rule 12(c) motion" for judgment on the pleadings with respect to Count I. Villeneuve v. Avon Prod., Inc., 919 F.3d 40, 49 (1st Cir. 2019); see Rios-Campbell v. U.S. Dep't of Com., 927 F.3d 21, 24 (1st Cir. 2019) (explaining that "a motion to dismiss under Rule 12(b)... 'must be made before pleading if a responsive pleading is allowed,'" and that "[o]nce an answer to the complaint is filed,... a party's next option is to move for judgment on the pleadings under Rule 12(c)" (quoting Fed. R. Civ. P. 12(b)). "This conversion does not affect [the Court's] analysis inasmuch as the two motions are ordinarily accorded much the same treatment." Aponte-Torres v. Univ. of Puerto Rico, 445 F.3d 50, 54 (1st Cir. 2006). However, "[a] Rule 12(c) motion, unlike a Rule 12(b)(6) motion, implicates the pleadings as a whole," including the answer. Id. at 54-55 (citing 5C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1368 (3d ed. 2004)). In view of Seneca's pending motion, the Scheduling Conference set for February 8, 2024 is cancelled and will be rescheduled after resolution of the motion. (Currie, Haley) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss Count I of the Complaint or, in the Alternative, to Compel Appraisal (Request for Oral Argument) filed by Seneca Insurance Company. (Attachments: #1 Exhibit A)(Schneider, William) |
| Filing 7 MOTION to Dismiss Count I of the Complaint or, in the Alternative, to Compel Appraisal (Request for Oral Argument) by Seneca Insurance Company.(Schneider, William) |
| Filing 6 STATE COURT Record All Defendants.. (Schneider, William) |
| Filing 5 NOTICE of Scheduling Conference - Scheduling Conference set for 2/8/2024 12:30 PM in Courtroom 3 (In person only) before District Judge Julia E. Kobick. (Attachments: #1 Proposed Scheduling Order Template)(Currie, Haley) |
| Filing 4 ANSWER to Complaint by Engle Martin & Associates, Seneca Insurance Company.(Schneider, William) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Cowan, Nicole) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Horvath, Courtney) |
| Filing 1 NOTICE OF REMOVAL by Engle Martin & Associates, Seneca Insurance Company ( Filing fee: $ 405, receipt number AMADC-10206609 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Category Form)(Schneider, William) |
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