Graham v. Tax Group Center Inc et al

Filing 26

ORDER denying 21 Motion to Dismiss TGC's counterclaim. Motion 21 is granted. TCG's amended answer, including the counterclaim, is due by January 14, 2014. Signed by Judge D. P. Marshall Jr. on 1/7/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

GENE GRAHAM

v.

No. 4:12-cv-644-DPM

TAX GROUP CENTER, INC.
and TONY GAGLIARDO

DEFENDANTS
ORDER

Graham's motion to dis:r;niss TGC's counterclaim, NQ 21, is denied.
Graham is correct: the Court's Final Scheduling Order required parties to ask
leave to amend a pleading by 2 December 2013; the Order did not grant
permission to make amendments until that date. A compulsory counterclaim,
as this one is, must be part of a pleading. FED. R. CN. P. 13(a). TGC has
explained why the counterclaim was so late in coming, NQ 24; and the Federal
Rules encourage amendment of pleadings to join the issues. FED. R. CIV. P.
15(a)(2). No prejudice appears-discovery is open for three months. The
Court construes TGC' s counterclaim as a motion for permission to amend its
answer and belatedly assert the compulsory counterclaim alleging fraud by
Graham. The Clerk shall amend the docket sheet. Motion, NQ 20, granted.
TGC'samendedanswerincludingthecounterclaimisduebyl4January2014.

So Ordered.
D.P. Marshall Jr.
United States District Judge
7 January 2014

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