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)

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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 -2-

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