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Judge Johnston's Case Procedures

Partial Motions to Dismiss

If a party is moving to dismiss some, but not all, of the claims against it, it shall answer all of the claims against it and file a motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) directed at the claims on which it seeks judgment.  Partial motions to dismiss brought under Fed. R. Civ. P. 12(b)(6) that seek to dismiss fewer than all claims against a party will be stricken, as will partial answers that accompany such motions, and the party who filed them will be directed to this standing order.  A helpful article is The Forgotten Pleading by Judge Amy St. Eve and Michael Zuckerman available at https://www.fclr.org/fclr/articles/html/2010/SaintEve2.pdf.


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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