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16. Which motion or pleading should the janitor's attorney file?
A teacher from State A filed a diversity action against a janitor from State B in State B federal court. The janitor was served with a summons from the court, but not a copy of the complaint.
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Here, the facts indicate that the defendant had only been served with a summons but not a complaint. Therefore, the janitor should file a motion to dismiss for insufficient process.
A is incorrect. The federal district court in State B would have personal jurisdiction over a State B citizen.
B is incorrect. It would be far more efficient for the janitor to file only a motion for insufficient process than for him to file an answer, in which he would have to respond to all of the complaint's allegations.
D is incorrect. There is nothing in the facts to suggest that the court lacks subject-matter jurisdiction.