Catar Clinic of Hot Springs LLC et al v. Robinson et al

Filing 184

ORDER denying without prejudice 160 Motion to strike and dismiss counterclaims. 175 Motion to amend granted. Signed by Judge D. P. Marshall Jr. on 5/18/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CAT AR CLINIC OF HOT SPRINGS,
LLC; STOCKTON MEDICAL
GROUP, LTD.; and C.A.T.A.R.,
LTD.

v.

PLAINTIFFS/
COUNTER-DEFENDANTS

No. 4:17-cv-520-DPM

THOMAS F. ROBINSON, M.D.; TIFFANY
TERRY; ARKANSAS RECOVERY CLINIC;
ARC REHABILITATION CENTER, P.A.;
CSCB REHABILITATION MANAGEMENT
GROUP, LLC; ADDICTION RECOVERY
CARE OF LITTLE ROCK; ARC CLINIC;
and JILL COGBURN
ARC REHABILITATION CENTER, P.A.;
THOMAS F. ROBINSON, M.D.; CSCB
REHABILITATION MANAGEMENT
GROUP, LLC; and TIFFANY TERRY

DEFENDANTS

COUNTER-PLAINTIFFS
RESPONDENT

CHASE STEPPIG
ORDER

Ca tar's motion to strike and dismiss counterclaims, NQ 160, is
denied without prejudice. (Robinson and ARC Rehab haven't responded
to the motion. But CSCB and Terry have, and the issues are related enough
for the Court to rule on the motion without hearing from all parties.)
Terry's new counterclaims were filed after the Court's original

deadline for amending pleadings. She didn't ask permission to file
them. The last few months, though, have been a jumble of collateral
issues, and, in the circumstances, the Court grants Terry permission
nunc pro tune to pursue her new counterclaims. Motion to amend,
NQ 175, granted.

Because no one has spent much time on the merits yet, it's
likewise too early to say that any of the counterclaims clearly fail as a
matter of law or are implausible in this tangled dispute. CSCB contends
that Catar's Rule 12(b)(6) arguments are either waived or untimely.
NQ 171at1-2. Maybe. But there's no good reason to engage on those

points, because Catar could make essentially the same arguments
now-post-answer-under Rule 12(c). Westcott v. City of Omaha, 901
F.2d 1486, 1488 (8th Cir. 1990). Catar's arguments still fall short on the
merits.
So Ordered.
?-'

D .P. Marshall Jr.
United States District Judge

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