11 Cited authorities

Hertz Corp. v. Alamo Rent-A-Car, Inc.
16 F.3d 1126 (11th Cir. 1994) Cited 150 times
Holding only that Rule 60(b) motions are not subject to the "reasonable time" requirement
Dependable Component Supply, Inc. v. Carrefour Informatique Tremblant, Inc.
572 F. App'x 796 (11th Cir. 2014) Cited 31 times
Finding that when the right to attorneys' fees and costs sounds in state law and comes to the court through diversity jurisdiction, the court applies the substantive law of the forum state
Ramirez v. Wal-Mart Stores, Inc.
192 F.R.D. 303 (D.N.M. 2000) Cited 31 times
Ruling that a Rule 12(c) motion is generally treated in the same manner as a motion to dismiss under Fed. R. Civ. P. 12(b) for failure to state a claim upon which relief can be granted
Schuurman v. Motor Vessel Betty K V
798 F.2d 442 (11th Cir. 1986) Cited 47 times
Holding that a plaintiff who chooses to appeal before the expiration of the time allowed for amendment waives the right to later amend the complaint
Bell v. Fla. Highway Patrol
589 F. App'x 473 (11th Cir. 2014) Cited 5 times
Affirming denial of leave to file fourth amended complaint
Wilson v. Arizona Classic Auto
CASE NO. 09-80344-CIV-MARRA/JOHNSON (S.D. Fla. Apr. 23, 2010) Cited 1 times
CASE NO. 09-80344-CIV-MARRA/JOHNSON. April 23, 2010 OPINION AND ORDER Familiarity with the Court's prior Orders is presumed. KENNETH MARRA, District Judge This cause is before the Court upon Defendant Arizona Classic Auto d/b/a JD Byrider's ("Defendant") Motion to Strike Amended Complaint or, Alternatively, for a More Definite Statement (DE 45). The Court has carefully considered the motion and is otherwise fully advised in the premises. I. Background On November 10, 2009, the Court entered an order
Hong v. Smith
129 F.3d 824 (5th Cir. 1997) Cited 4 times
No. 96-50843. Summary Calendar. December 9, 1997. Hugo Xavier de los Santos, Law Offices of Hugo Xavier de los Santos, San Antonio, TX, for Plaintiffs-Appellants. Bret L. Walton, Frank R. Rivas, Frank R. Rivas Associates, San Antonio, TX, for Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas. Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges. EMILIO M. GARZA, Circuit Judge: Deborah Ann Smith ("Smith") has moved to dismiss Yong Un Hong and
Clements v. Florida East Coast Railway Company
473 F.2d 668 (5th Cir. 1973) Cited 13 times
Holding that although party received order in the mail, Fed.R.Civ.P. 6(e) did not extend party's time to comply with order which required party to pay costs " within ninety days from the date hereof. . . ."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,886 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,999 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Alliance of Automotive Service Providers, Inc. et al v. State Farm Mutual Auto Insurance Company, et al

11 Cited authorities

Holding only that Rule 60(b) motions are not subject to the "reasonable time" requirement

Finding that when the right to attorneys' fees and costs sounds in state law and comes to the court through diversity jurisdiction, the court applies the substantive law of the forum state

Ruling that a Rule 12(c) motion is generally treated in the same manner as a motion to dismiss under Fed. R. Civ. P. 12(b) for failure to state a claim upon which relief can be granted

Holding that a plaintiff who chooses to appeal before the expiration of the time allowed for amendment waives the right to later amend the complaint

Affirming denial of leave to file fourth amended complaint

Holding that although party received order in the mail, Fed.R.Civ.P. 6(e) did not extend party's time to comply with order which required party to pay costs " within ninety days from the date hereof. . . ."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."