Joe Hand Promotions, Inc. v. MD+373, LLC et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JOE HAND PROMOTIONS, INC.,
Plaintiff.
V.
MD+373, LLC, et al.,
Defendants.
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CIVIL ACTION NO. 3:26-cv-00028
OPINION AND ORDER
All pretrial matters in this case have been referred to me. See Dkt. 22. On
May 13, 2026, I held an initial scheduling conference. During that conference, I
gave the individual defendants until Friday, May 22, 2026, to file an answer to
Plaintiff’s complaint. I gave the corporate defendant, MD+373, LLC, until Friday,
June 5, 2026, to appear through counsel or risk default. Accordingly, I
DENY Plaintiff’s motion to strike (Dkt. 20) as moot.
In answering Plaintiff’s complaint, the individual defendants should keep
the following points in mind. Federal Rule of Civil Procedure 8(b) sets forth the
requirements for responding to claims:
(1) In General. In responding to a pleading, a party must:
(A) state in short and plain terms its defenses to each claim
asserted against it; and
(B) admit or deny the allegations asserted against it by an
opposing party.
(2) Denials—Responding 	to 	the 	Substance. 	A 	denial 	must 	fairly
respond to the substance of the allegation.
(3) General and Specific Denials. A party that intends in good faith to
deny all the allegations of a pleading—including the jurisdictional
grounds—may 	do 	so 	by 	a 	general 	denial. A 	party
that does not intend 	to 	deny 	all 	the 	allegations 	must 	either
specifically 	deny 	designated 	allegations 	or 	generally 	deny 	all
except those specifically admitted.
United States District Court
Southern District of Texas
ENTERED
May 13, 2026
Nathan Ochsner, Clerk
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(4) Denying Part of an Allegation. A party that intends in good faith
to deny only part of an allegation must admit the part that is true
and deny the rest.
(5) Lacking 	Knowledge 	or 	Information. 	A 	party 	that 	lacks
information 	sufficient 	to form a 	belief 	about 	the 	truth 	of 	an
allegation must so state, and the statement has the effect of a
denial.
(6) Effect of Failing to Deny. An allegation—other than one relating
to the amount of damages—is admitted if a responsive pleading is
required and the allegation is not denied. If a responsive pleading
is not required, an allegation is considered denied or avoided.
Fed. R. Civ. P. 8(b).
A 	general denial—that 	is, 	an 	answer 	denying 	all 	allegations 	in 	the
complaint—is prohibited in all but the most exceptional of cases. See F.M.D.
Holdings, LLC v. Regent Fin. Corp., No. 5:20-cv-269, 2021 WL 5883136, at *7
(N.D. 	Tex. 	Dec. 	10, 	2021). 	In 	simple 	terms, 	Rule 	8(b) 	requires 	that 	a
defendant’s denial “fairly respond to the substance of the allegation” by either
(1) admitting or denying the allegations asserted against it by an opposing party,
or (2) stating that it lacks knowledge or information sufficient to form a belief
about the truth of an allegation. “Rule 8 ensures that the plaintiff is aware of the
allegations in the complaint that the defendant admits and those that he contests,
so the plaintiff knows what he will need to prove at trial.” SEC v. Kirchner, No.
4:23-cv-0147, 2023 WL 5322433, at *1 (N.D. Tex. July 14, 2023) (quotation
omitted).
While a pro se litigant’s petitions and pleadings are liberally construed,
basic procedural pleading obligations still apply. See F.M.D. Holdings, LLC, 2021
WL 5883136, at *7. “‘[P]ro se litigants must conform to the same rules that are no
doubt more easily understood by lawyers.’” Id. (quoting Propes v. Quarterman,
573 F.3d 225, 232 (5th Cir. 2009)).
Defendants may choose to “either specifically deny designated allegations or
generally deny all except those specifically admitted.” Fed. R. Civ. P. 8(b)(3).
Defendants may also choose, as many defendants do, to specifically deny or admit
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each allegation in the complaint. Whichever route each Defendant chooses, they
must “state in short and plain terms [their] defenses to each claim asserted against
[them]” and “admit or deny the allegations asserted against [them].” Fed. R. Civ.
P. 8(b)(1). Failure to properly answer the complaint risks any non-compliant
answer being stricken and the clerk’s entry of default against that defendant.
SIGNED this ____ day of May 2026.
______________________________
ANDREW M. EDISON
UNITED STATES MAGISTRATE JUDGE
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