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LVNV Hearing Update

LVNV tried to wiggle their way out and filed a Motion to Reconsider and Reinstate Case to the court’s active docket.

I filed an opposition to their Motion and a Response and told the court that under Indiana Rules of Court Rules of Trial Procedure 12(B)(6): which states:

Rule 12. Defenses and objections — When and how presented — By pleading or motion — Motion for judgment on the pleadings

B. How presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required; except that at the option of the pleader, the following defenses may be made by motion:

(6) Failure to state a claim upon which relief can be granted, which shall include failure to name the real party in interest under Rule 17;

When a motion to dismiss is sustained for failure to state a claim under subdivision (B)(6) of this rule the pleading may be amended once as of right pursuant to Rule 15(A) within ten [10] days after service of notice of the court’s order sustaining the motion and thereafter with permission of the court pursuant to such rule.

What this means is that the ruling allowed the plaintiff an automatic 10 days to amend and shouldn’t have filed a Motion to Reconsider because it was an improper pleading.

The judge agreed with me, denied their Motion and told the plaintiff I was right; they only get 10 days to amend and they failed to do so. So their Motion was denied. See below and see that the case was dismissed.

LVNV Hearing Update 1

LVNV Hearing Update 2