Moviecolor Ltd. v. Eastman Kodak Co.

HERLANDS, District Judge.

Whether plaintiff should be ordered to reply to the answer [F.R.Civ.P. rule 7(a), 28 U.S.C.A.] is the question posed by defendants’ motions. Rule 7(a) confers upon the court the discretionary power to "order a reply to an answer.”

The criteria for determining whether the court should grant or deny a motion to compel a reply have been described by commentators. Moore’s Federal Practice . (2d ed.) vol. 2, p. 1508; Note, 5 Fed. Rules Serv. 7a.222 (1942) at p. 803 ff.

The decisions represent not only pragmatic judgments based on the facts of the particular case but also…