2017-00220342-CL-CL

Midland Funding, LLC vs. Elsa M. Kelly

Nature of Proceeding: Motion for Judgment on the Pleadings

Filed By: Dipiero, Anthony

*** If oral argument is timely requested on this matter, it will take place on Wednesday, January 3, 2018 at 9:00 a.m. (unless the parties agree to a later date and promptly notify the court clerk of the new date). ***

Plaintiff’s motion for judgment on the pleadings is UNOPPOSED and is GRANTED unless defendant serves and files an amended answer to complaint on or before 2/3/2018.

Plaintiff contends that its complaint states facts sufficient constitute a cause of action against defendant and that defendant’s answer fails to state facts sufficient to constitute a defense to the complaint.

The Court agrees. The complaint states facts sufficient to establish that defendant is indebted to plaintiff. However, the answer filed by defendant on 10/27/2017 fails to

sufficiently deny any of the complaint’s allegations and states no facts sufficient to establish any affirmative defense to the complaint. Essentially, the answer admits the debt is owed and offers to make monthly payments on this debt.

The motion for judgment on the pleadings is granted unless defendant serves and files an amended answer to complaint on or before 2/31/2018. Although not required by court rule or statute, defendant is directed to present a copy of this order when the amended answer is presented for filing.

The Court hereby STRIKES the Memorandum of Costs filed on 11/22/2017 since no judgment in plaintiff’s favor has been entered.

Moving party to provide notice of this ruling and file proof of service of same no later than 1/9/2018.