“Similarly, if the only pleadings are a complaint, an answer, and a counterclaim designated as such, the pleadings close upon a plaintiff's filing of a reply to the counterclaim.”
How later courts described this case
- “Similarly, if the only pleadings are a complaint, an answer, and a counterclaim designated as such, the pleadings close upon a plaintiff's filing of a reply to the counterclaim.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TIMOTHY BROWN, INDIVIDUALLY CIVIL ACTION
AND ON BEHALF OF HIS MINOR
CHILD, T.B.
VERSUS NO. 21-40
c/w 20-2916
JEFFERSON PARISH SCHOOL SECTION: “G”
BOARD, ET AL.
ORDER AND REASONS
The above-referenced cases, consolidated for discovery purposes, are before the Court
following discipline imposed on two students by the Jefferson Parish School Board. Specifically,
this Order applies to litigation brought by Plaintiff Timothy Brown (“Plaintiff”), individually and
on behalf of his minor child, T.B. (“T.B.”), against the Jefferson Parish School Board (“JPSB”),
Dr. James Gray (“Gray”), Dr. Christine Templet, and Terri Joia (collectively, “Defendants”).1
Plaintiff alleges injuries resulting from T.B.’s suspension for displaying a BB gun on camera
during remote learning.2 The State of Louisiana (the “State”) was granted leave to intervene in this
suit3 and filed a Complaint in Intervention.4 On March 23, 2021, JPSB and Gray submitted an
answer to the Complaint in Intervention in which JPSB brought a counterclaim for declaratory
judgment against Plaintiff and Jeff Landry in his official capacity as Attorney General of the State
of Louisiana.5
1 Rec. Doc. 1-2.
2 Rec. Doc. 1-2.
3 Rec. Doc. 28.
4 Rec. Doc. 29.
5 Rec. Doc. 36.
Before the Court is JPSB and Gray’s (“Moving Defendants”) “Motion for Judgment on the
Pleadings on Complaint in Intervention of State of Louisiana.”6 In the Motion, Moving Defendants
concede that the State’s intervention in this matter is proper for purposes of defending the
constitutionality of Louisiana Revised Statute § 17:416.7 However, Moving Defendants seek
dismissal of Counts I–V of the State’s Complaint in Intervention.8 Moving Defendants make two
main arguments in support of the instant motion, alleging that the State’s Complaint in Intervention
is improper under (i) Federal Rule of Civil Procedure 24(a)(2) because the State does not have a
legitimate public interest in intervention, and (ii) Federal Rule of Civil Procedure 24(a)(2) and (b)
because the State’s claims exceed its authority.9
The State opposes the motion.10 In opposition, the State argues that the instant motion is
premature because Attorney General Landry has not answered JPSB’s counterclaim and thus, the
pleadings are not closed.11 Alternatively, the State argues that it has the authority under federal
and Louisiana law to seek injunctive relief to compel a political subdivision, such as JPSB, to
comply with constitutional and statutory law.12 Finally, the State argues that JPSB has failed to
provide any grounds for reconsideration of this Court’s March 2, 2021 Order permitting the State
to intervene.13
6 Rec. Doc. 45.
7 Rec. Doc. 45-1 at 11.
8 Rec. Doc. 45-1.
9 Id. at 1–2.
10 Rec. Doc.47.
11 Id. at 4.
12 Id. at 5.
13 Id. at 10.
Federal Rule of Civil Procedure 12(c) provides that “[a]fter the pleadings are closed—but
early enough not to delay trial—a party may move for judgment on the pleadings.”14 “A motion
brought pursuant to [Rule] 12(c) is designed to dispose of cases where the material facts are not in
dispute and a judgment on the merits can be rendered by looking to the substance of the pleadings
and any judicially noticed facts.”15 “The central issue is whether, in the light most favorable to the
plaintiff, the complaint states a valid claim for relief.”16 On a 12(c) motion, “[p]leadings should
be construed liberally,” and judgment is “appropriate only if there are no disputed issues of fact
and only questions of law remain.”17 Moreover, the Court “may dismiss a claim when it is clear
that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.”18
In lieu of dismissal on a motion for judgement on the pleadings, a district court may grant a plaintiff
leave to amend the complaint.19
The Court agrees with the State that the pleadings in this case have not yet closed and the
instant motion is therefore premature. As stated above, Rule 12(c) provides that “[a]fter the
pleadings are closed—but early enough not to delay trial—a party may move for judgment on the
pleadings.”20 Federal Rule of Civil Procedure 7(a) provides a list of allowable pleadings,
including:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
14 Fed. R. Civ. P. 12(c).
15 Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 312 (5th Cir.2002) (internal
citations omitted).
16 Id. (internal citations omitted).
17 Id. (internal citations omitted).
18 Id.
19 Dueling v. Devon Energy Corp., 623 F. App’x 127 (5th Cir. 2015).
20 Fed. R. Civ. P. 12(c).
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
By the very wording of Rule 7(a), an answer to a counterclaim is considered a pleading
and therefore, must be submitted prior to a motion for judgment on the pleadings pursuant to Rule
12(c). While the Fifth Circuit has apparently not yet ruled on this issue, other judges in this district,
as well as judges in other circuits, have noted that a Rule 12(c) motion is premature if filed prior
to a party’s answer to a counterclaim.21 Given that Attorney General Landry has not yet answered
the counterclaim asserted against him by JPSB in the answer to the Complaint in Intervention, the
pleadings are not closed.22 Accordingly,
21 See, e.g., Black Stallion Enterprises v. Bay & Ocean Marine, LLC, No. 09-4504, 2010 WL 1333272, at *2
(E.D. La. Mar. 30, 2010) (Berrigan, J.), aff'd sub nom. Black Stallion Enterprises v. Bay & Ocean Marine Towing,
394 F. App'x 119 (5th Cir. 2010) (“Similarly, if the only pleadings are a complaint, an answer, and
a counterclaim designated as such, the pleadings close upon a plaintiff's filing of a reply to the counterclaim.”);
Colapissa Properties, L.L.C. v. Assurance Co. of Am., No. 06-8063, 2007 WL 2903245, at *2 (E.D. La. Oct. 2, 2007)
(Africk, J.) (“[P]leadings are considered closed once a complaint and answer have been filed, unless a counterclaim,
cross-claim, or third-party claim is interposed, in which case the filing of a reply, cross-claim answer, or third-party
answer normally will mark the close of the pleadings.”); Flora v. Home Fed. Sav. & Loan Ass'n, 685 F.2d 209, 211 n.
4 (7th Cir.1982) (“Fed.R.Civ.P. 7(a) prescribes when the pleadings are closed. In a case such as this when, in addition
to an answer, a counterclaim is pleaded, the pleadings are closed when the plaintiff serves his reply.”); Doe v. United
States, 419 F.3d 1058, 1061 (9th Cir.2005) (“[T]he pleadings are closed [under Rule 7(a) ] for the purposes of Rule
12(c) once a complaint and answer have been filed, assuming ... that no counterclaim or cross-claim is made.”); Perez
v. Wells Fargo N.A., 774 F.3d 1329, 1336–37 (11th Cir. 2014). See also 5 C WRIGHT & MILLER, FEDERAL
PRACTICE AND PROCEDURE: CIVIL 3D § 1367 at 213 (“Rule 7(a) provides that the pleadings are closed upon
the filing of a complaint and an answer (absent a court-ordered reply), unless a counterclaim, crossclaim, or third-
party claim is interposed, in which event the filing of an answer to a counterclaim, crossclaim answer, or third-party
answer normally will mark the close of the pleadings.”).
22 The Court notes that Moving Defendants filed a reply in which they assert that they filed the instant motion
following a status conference with the Court on April 23, 2021, in which the Court “ordered Defendants to file their
motion challenging the scope of the Attorney General’s intervention on or before April 30, 2021.” Rec. Doc. 50 at 3.
Notably, the only direction given by the Court to Moving Defendants was in a status conference on April 16, 2021
and an Order issued thereafter, in which the Court instructed Defendants to “file a motion and supporting
memorandum regarding their request to limit the scope of the Attorney General’s intervention by Friday, April 23,
2021.” Rec. Doc. 43. The Court did not instruct Moving Defendants to file a motion pursuant to Rule 12(c).
IT IS HEREBY ORDERED that Moving Defendants’ “Motion for Judgment on the
Pleadings on Complaint in Intervention of State of Louisiana””? is DENIED WITHOUT
PREJUDICE as premature.
□ 13th
NEW ORLEANS, LOUISIANA, this. day of May, 2021.
eonette shaved
CHIEF JUDGE
UNITED STATES DISTRICT COURT
3 Rec. Doc. 45.