S-Platform, LLC v. RPM Express, Inc.; John Does 1-10; Jane Does 1-10; and ABC Companies 1-10

Summary

The United States District Court for the District of New Jersey denied S-Platform, LLC’s motion to compel arbitration under Federal Rule of Civil Procedure 12(b)(6) as procedurally defective because RPM Express had failed to respond to the Amended Complaint. The Court directed the Clerk to enter default against RPM Express under Rule 55(a), concluding that the defendant had failed to file a responsive pleading after the action was reinstated.

Holdings

1. A motion under Rule 12(b)(6), or alternatively Rule 56(a), is not an appropriate avenue of relief against a defendant that has failed to respond to the operative pleading; absent extraordinary circumstances, Rule 55 is the proper procedural mechanism.
2. Default should be entered against Defendant because it failed to file an answer or other responsive pleading by the applicable deadline after reinstatement of the action.
3. Defendant waived objections to insufficient process and insufficient service of process by omitting those defenses from its prior Rule 12 motion.

Questions Presented

1. Whether a motion to compel arbitration under Rule 12(b)(6) is an appropriate procedural vehicle against a defendant that has failed to answer or otherwise defend.
2. Whether the Court should direct entry of default under Rule 55(a) where the defendant failed to file a responsive pleading by the deadline following reinstatement of the action.
3. Whether Defendant waived objections to insufficient process and insufficient service of process by omitting those defenses from its prior Rule 12 motion.

Disposition

other