The complaint was filed in the 10th District Court on 11/02/09, 36 days ago. I'm stumped as to why none of the 19 defendants have filed a reply. According to federal rules of civil procedure rule 12, a defendant normally has 21 days to serve an answer. The only exceptions are if the defendant waived service under Rule 4(d) which would give them 60 days. I can find no evidence of this exception and the 10th DC has jurisdiction over all 19 defendants. Even if all were in settlement talks [unlikely], they would still need to file a reply or ask for an extension of time to reply. Very curious.
Gil, your thoughts?
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Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
(a) Time to Serve a Responsive Pleading.
(1) In General.
Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows:
(A) A defendant must serve an answer:
(i) within 21 days after being served with the summons and complaint; or
(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.
