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60. How is the court likely to rule?
In response to the counterclaim, the plaintiff has moved for judgment on the pleadings.
A plaintiff domiciled in State A sued a defendant domiciled in State B, alleging that the defendant had failed to deliver products to the plaintiff under an ongoing contract. The plaintiff attached to the complaint an invoice for the products marked «paid» and a receipt for a wire transfer to the defendant in the amount of $80,000. The defendant answered the complaint, denying that the plaintiff had suffered any losses and asserting a counterclaim for nonpayment of $90,000 for an earlier delivery of products.
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B is incorrect. Under FRCP 10(c), a party may attach a written instrument to the complaint, and, by doing so, it becomes part of the pleadings to which the defendant must respond. Nothing in FRCP 12(c) precludes a party from moving for judgment on the pleadings based on admissions made regarding an incorporated document.
C is incorrect. There is no requirement under the Federal Rules of Civil Procedure that when a plaintiff moves for judgment on the pleadings, the defendant must file a cross-motion for judgment on the pleadings. The defendant, in its discretion, may choose to file its own motion for judgment on the pleadings, or it may simply defend against the plaintiff's motion.
D is incorrect. The fact that the defendant has not denied the alleged failure to deliver goods does not, in itself, support the grant of the motion. The plaintiff's motion for judgment on the pleadings seeks judgment not only on its primary claim for damages but also on the defendant's counterclaim for nonpayment. Because the plaintiff has not yet answered the counterclaim, the pleadings are not closed on that issue, and a judgment on the pleadings would be premature.