Kegerise v. Susquehanna Township School District

321 F.R.D. 121, 2016 WL 407348
CourtDistrict Court, M.D. Pennsylvania
DecidedFebruary 3, 2016
DocketCIVIL NO. 1:CV-14-0747
StatusPublished
Cited by8 cases

This text of 321 F.R.D. 121 (Kegerise v. Susquehanna Township School District) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kegerise v. Susquehanna Township School District, 321 F.R.D. 121, 2016 WL 407348 (M.D. Pa. 2016).

Opinion

MEMORANDUM

William W. Caldwell, United States Distinct Judge

I. Introduction

Plaintiff is Dr. Susan M. Kegerise, the former superintendent of the Susquehanna Township School District. The defendants are the School District and three members of the District’s School Board, Carol L. Karl, Jesse Rawls, Sr., and Mark Y. Sussman. Plaintiff filed this lawsuit mainly seeking redress for her alleged discharge as superintendent, which she asserts violated both federal and state law.

We are considering Plaintiff’s motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) on some of the claims set forth in Plaintiffs third amended complaint. As part of that motion, Plaintiff argues that Defendants’ responses to some of the allegations in her pleading were insufficient under Fed, R. Civ. P. 8(b). Based on the claimed inadequacy of the responses, Plaintiff contends that the corresponding allegations should be deemed admitted. And once those allegations are deemed admitted, Plaintiff argues she is entitled to judgment on the pleadings on Counts II, III, IV, VIII, IX and X of her third amended complaint.

We agree with Plaintiff that, except for a few responses, the responses are insufficient. Instead of deeming Plaintiffs allegations admitted, however, we will grant Defendants an opportunity to file an amended answer curing the defects in their responses. See Sinclair Cattle Co., Inc. v. Ward, No. 14-CV-1144, 2015 WL 6125260, at *3 (M.D. Pa. Oct. 16, 2015)(citing Fed. R. Civ. P. 15(a)(2)); David v. Crompton & Knowles Corp., 58 F.R.D. 444, 447 (E.D. Pa. 1973).

II. Discussion

Fed. R. Civ. P. 8(b) governs how a party is to respond to a pleading. In pertinent part, the party must “admit or deny the allegations asserted against it....” Rule 8(b)(1)(B). “A party that intends in good faith to deny all the allegations of a pleading.. .may do so by a general denial.” Rule 8(b)(3). Otherwise, the party “must either specifically deny designated allegations or generally deny all except those specifically admitted.” Id. “A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.” Rule 8(b)(4). “A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.” Rule 8(b)(5). “An allegation — other than one relating to the amount of damages — is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.” Rule 8(b)(6).

A. Rule 8(b)(4): Denying Only Part of an Allegation Without Also Either Admitting or Denying the Rest of the Allegation

Plaintiff contends that Defendants violated Rule 8(b)(4) in their responses to the following allegations of the third amended complaint: paragraphs 48, 55, 63, 67, 81, 84, 86, 93, 99, 150, and 199.1 After review of the allegations, we agree with Plaintiff that Defendants’ responses violated Rule 8(b)(4) by [123]*123denying part of the allegation, admitting part of it, but without saying that the rest of the allegation was denied.

We will rely on one of the examples Plaintiff uses in her brief to explain what we mean. Paragraph 48 of the third amended complaint alleges as follows:

48. In 2013, a consensual decision was made to transfer a long time high school gym teacher and coach to a district elementary school. Believing this transfer was against the will of the teacher and discriminatory, Defendant Rawls attempted to intervene by usurping the role and judgment of the Administration. Defendant Rawls went so far as to approach the president of the teachers’ union, stating the transfer should be “grieved” by the district.

(Doc. 39, Third Am. Compl. ¶48). Defendants’ response to this allegation was as follows: “It is admitted that there was a decision to transfer a high school gym teacher to district [sic] elementary school. It is denied that Defendant Rawls attempted to intervene.” (Doc. 46, Answer ¶ 48). When a party intends to deny only part of an allegation, Rule 8(b)(4) requires the party to “admit the part that is true and deny the rest.” Here, Defendants intended to deny, and did deny, only part of the allegation. While they admitted the part that was true, they did not “deny the rest” of the allegation. As Plaintiff points out, they did not deny that defendant Rawls approached the president of the teachers’ union, stating the transfer should be “grieved” by the district. The responses therefore violate Rule 8(b)(4).

The responses to the other allegations mentioned above suffer from similar defects.2 We will therefore require Defendants to file an amended answer complying with Rule 8(b)(4). Defendants need not deny any part of the allegations that were left without a response in the original answer if in fact that part should be admitted. For example, Defendants need not deny that Rawls approached the president of the teachers’ union, stating the transfer should be grieved by the district, simply because it was not admitted in the original answer. Defendants must simply admit the part that is true and deny the rest so that all parts of the allegation have been either admitted or denied.

B. Rule 8(b) Does Not Permit a Response that an Allegation Is a “Conclusion of Law" to Which No Response Is Required

Plaintiff argues that Defendants’ responses to the following allegations of the third amended complaint violated Rule 8(b): paragraphs 3, 10, 11, 20, 23, 26, 102, 119-131, 133-134,136-138,140,142-143,146-147, 149, 156-159, 167,169-172, 174-175,177, 196, and 199. Defendants’ responses to these allegations was as follows: “This paragraph states a conclusion of law to which no response is required.” Plaintiff asserts the responses were improper because they neither admitted nor denied the allegations.3

In opposing Plaintiffs motion, Defendants argue that under Rule 8(b)(6) they are not obligated to respond to allegations that are conclusions of law. They also point out that some of the allegations are “sweeping conclusions of law” that contain no factual aver-ments about Plaintiffs case.

Defendants’ reliance on Rule 8(b)(6) is misplaced. In pertinent part, that Rule provides that when “a responsive pleading is required” an allegation is admitted if it is not denied. It is only when “a responsive pleading is not required, [that] an allegation is considered denied or avoided.” Rule 8(b)(6). Here, Defendants were required to file a responsive pleading — their answer — to Plaintiffs third amended complaint. See Fed. R. Civ. P. 12(a)(1)(A). Hence, if anything, Rule 8(b)(6) would require us to deem Plaintiffs allegations admitted for failure of Defendants to deny them. See I.H. v. Cumberland Valley Sch. Dist., No. 11-CV-0574, 2012 WL 2979038, at *13 (M.D. Pa. July 20, 2012); Estate of Kean v. United States, No. 98-CV-0176, 2008 WL 3166681, at *5 (D.V.I.

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321 F.R.D. 121, 2016 WL 407348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kegerise-v-susquehanna-township-school-district-pamd-2016.