Plaintiff Amy Ruocco, acting pro se, accused Sandra Deveau, Sara Hazel, and Xavier Group KW Coastal & Lakes and Mountains of infringing Ruocco’s copyright in photographs of a house that Ruocco previously had sold to the defendants. Ruocco says that the defendants used these photographs in connection with promoting rentals of the house through Airbnb. One week after filing an Answer, Deveau (also acting pro se) moved to dismiss the complaint or for judgment on the pleadings in the alternative. Ruocco responded in part by asserting that Deveau’s motion was untimely – under Rule 12(b), a motion to dismiss must be asserted before a responsive pleading (here, the Answer) is filed. Judge Kobick agreed, and denied the motion to dismiss. She converted the motion into one for judgment on the pleadings under Rule 12(c). Judge Kobick then noted that Deveau’s motion failed to develop any argument for judgment in her favor – the elements of copyright infringement were not identified, and there was
