Opinion
Civil Action 1:21-cv-00324
09-28-2023
CANAL INSURANCE COMPANY, Plaintiff, v. 5M TRANSPORT, LLC, and WILLIAM J. THOMPSON, Defendants.
MEMORANDUM OPINION AND ORDER
David A. Faber Senior United States District Judge.
Pending before the court is plaintiff's motion for judgment on the pleadings, filed on November 15, 2022. See ECF No. 36. By Memorandum Opinion and Order dated March 29, 2023, the court granted plaintiff's motion to file an amended complaint. See ECF No. 39. Defendant 5M Transport, LLC has failed to appear. Defendant William J. Thompson filed an Answer to the original complaint, see ECF No. 11, but has failed to respond to the amended one.
The record does not indicate whether he was served with the amended complaint.
“Where, as here, the plaintiff moves under Rule 12(c) for judgment on its own claim, the court should grant the motion only if a defendant's answer or other pleading admits, alleges, or fails to deny facts which, taken as true, show the plaintiff is entitled to judgment as a matter of law against that defendant.” Atlantic Specialty Ins. Co. v. Bindea, 632 F.Supp.3d 681, 694 (W.D. Va. 2022) (internal citation and quotations omitted). As noted above, plaintiff's motion was filed while the original complaint was the operative pleading. And, although defendant Thompson responded to the original complaint, he has not answered the amended one. Therefore, the motion is DENIED without prejudice with leave to refile a new motion directed to the amended pleadings.
The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented parties.
IT IS SO ORDERED.