Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al.
Arbitration SocialSecurity ERISA DueProcess Privacy
Whether a party who fails to plead or otherwise defend within the time allowed by Rule, waive their rights on all claims
QUESTIONS PRESENTED: 1. Rule 15(a){3) provide the time a party must respond. Rule 55(a) authorizes the : clerk to enter a default " when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend. There is a circuit split on the issue of "plead" or "otherwise defend." Whether a party who fail to plead or otherwise defend within the time allowed by Rule, waive their rights on all claims. ; 2. Rule 56, provides the time a party may move for summary judgment. Whether a total disregard of the Rules and not following this Court's precedents, requires this Court to exercise its supervisory power to render judgment the lower court should have : and/or to prevent enforcement of the order and mandate, and to compel its vacation by issuance of a writ of prohibition, writ of manadamus, writ of injunction or one or more of said writs.