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Plaintiff Omega Construction Corp. sues Defendant Delta Shipping Co. in the Regional Trial Court for damages arising from a charter party agreement. After service of summons and complaint, Delta Shipping has 15 days to file a responsive pleading. On day 4, Delta files a Motion to Dismiss for lack of jurisdiction. On day 9, within the original period, Delta also files an Answer raising defenses including prescription and lack of privity. The plaintiff moves for default for failure to file an Answer within 15 days.
(a) Identify the controlling rule under Rule 11 regarding what constitutes a proper responsive pleading and the deadline for filing it, and explain whether a Motion to Dismiss can substitute for or toll the deadline to file an Answer.
(b) Distinguish between an Answer and a Motion to Dismiss as responsive pleadings, and state the proper sequence and authority for pleading in response to a complaint.
(c) Apply to the facts: Is Delta Shipping’s 9th-day filing of an Answer timely for purposes of avoiding default? If not, what is the likely effect, and what remedies may Delta Shipping seek to protect meritorious defenses? If the court has already entered or is about to enter default, what recourse remains for Delta Shipping to preserve the case for trial?