Conger v. K & D Fisheries LLC et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MINUTE ORDER– 1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
HANNA V. CONGER,
Plaintiff,
v.
K&D FISHERIES LLC, et al.,
Defendants.
Case No. C17-1270RSM
MINUTE ORDER STRIKING MOTION
The following MINUTE ORDER is made by direction of the Court, the Honorable
Ricardo S. Martinez, Chief United States District Judge:
On October 15, 2017, Defendant K&D Fisheries LLC filed its Answer to the
Complaint in this matter. 	Dkt. #18. 	The next day, the same Defendant filed a Motion to
Dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure
12(b)(2), or in the alternative, for improper venue pursuant to Rule 12(b)(3). Dkt. #19.
Federal Rule of Civil Procedure 12(b) sets out seven defenses that must be asserted in
a responsive pleading if one is required. The Rule further provides that a “motion asserting
any of these defenses must be made before pleading if a responsive pleading is allowed. .
. . Fed. R. Civ. Pro. 12(b) (emphasis added). The Federal Rules of Civil Procedure are clear
Case 3:17-cv-00231-SLG Document 20 Filed 10/17/17 Page 1 of 2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
MINUTE ORDER– 2
that the defenses now raised by Defendant must be asserted in a motion filed prior to filing
the Answer to the Complaint. Defendant did not do so.
Accordingly, the Court STRIKES Defendant’s pending Motion to Dismiss (Dkt. #19)
as untimely.
DATED this 17th day of October, 2017.
WILLIAM McCOOL, Clerk
By: 	/s/ Paula McNabb
Deputy Clerk
Case 3:17-cv-00231-SLG Document 20 Filed 10/17/17 Page 2 of 2