Kelley v. Nitrogen Solutions LLC et al
ORDER denying 39 Motion to Dismiss Counterclaim. Kelley's alternative request that the trial be bifurcated is likewise denied. Finally, the Court believes that the counterclaim states a claim upon which relief can be granted. Therefore, Kelly's alternative request for a more definite statement is denied. Signed by Judge J. Leon Holmes on 9/3/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NO. 3:12CV00246 JLH
NITROGEN SOLUTIONS, L.L.C.;
MICHAEL STICKLER; MATTHEW MCCAUGHEY;
JOHN MCCAUGHEY; JOAN KHILLING;
and MICHAEL JACQUES
Wesley Kelley has filed a motion to dismiss the counterclaim of Nitrogen Solutions, reiterating
arguments that he made when Nitrogen Solutions requested leave to file a counterclaim. In granting
the motion for leave to file the counterclaim, the Court stated:
Nitrogen Solutions is correct that Kelley’s complaint includes a claim under
state law for breach of contract based on deductions from his bonus compensation
that allegedly were improper. Assuming, without deciding, that the proposed
counterclaim would be improper in a case that alleged only claims under the FLSA,
here it is appropriate to permit the counterclaim in response to the claim for breach
of contract alleged in Kelley’s complaint.
Document #21 at 2.
Inasmuch as this is a bench trial, there is no need for bifurcated proceedings. Kelley’s
alternative request that the trial be bifurcated is likewise denied.
Finally, the Court believes that the counterclaim states a claim upon which relief can be
granted. Therefore, Kelley’s alternative request for a not more definite statement is denied.
IT IS SO ORDERED this 3rd day of September, 2013.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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