OraLabs, Inc. v. Kind Group LLC

Filing 128

MINUTE ORDER; Defendant's 120 Unopposed Motion for Leave to Add Subsidiary as Co-Counterclaimant is GRANTED. Defendant shall file a clean, non-redlined version of the Second Amended Counterclaims on or before September 17, 2014, by Magistrate Judge Kristen L. Mix on 9/10/14.(morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00170-PAB-KLM
ORALABS, INC., a Colorado Corporation,
Plaintiff,
v.
THE KIND GROUP LLC, a New York Limited Liability Company,
Defendant.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant’s Unopposed Motion for Leave to
Add Subsidiary as Co-Counterclaimant [#120] (the “Motion”). Defendant seeks to add
eos Products LLC, its wholly-owned subsidiary, as a co-counterclaimant through the filing
of its Second Amended Counterclaims. Plaintiff does not oppose the requested
amendment. Having reviewed the Motion and the proposed Second Amended
Counterclaims, the Court finds that Defendant has complied with the mandates of Fed. R.
Civ. P. 16(b)(1) (stating that a “schedule may be modified only for good cause”), 15(a)(2)
(stating that the Court “should freely give leave [to amend] when justice so requires), 13(h)
(stating that “Rules 19 and 20 govern the addition of a person as a party to a
counterclaim”), and 20(a) (stating the circumstances under which a party may be
permissively joined to an action). See generally JAH IP Holdings, LLC v. Della Parola
Holding Co., LLC, No. 13-cv-02195-MSK-KLM, 2014 WL 4375932 (D. Colo. Sept. 4, 2014).
Accordingly,
IT IS HEREBY ORDERED that the Motion [#120] is GRANTED.
IT IS FURTHER ORDERED that Defendant shall file a clean, non-redlined version
of the Second Amended Counterclaims on or before September 17, 2014.

DATED: September 10, 2014

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