HANCOCK BANK v. BOYD et al

Filing 30

ORDER denied as moot 17 Motion to Dismiss Counterclaim. Signed by JUDGE RICHARD SMOAK on 7/18/2011. (sea)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
HANCOCK BANK, a Mississippi
banking corporation,
Plaintiff/ Counter-defendant,
vs.

CASE NO. 5:11-cv-132/RS-EMT

JAMES A. BOYD, JR. et al.,
Defendants/ Counterclaimants.
_________________________________________/

ORDER
A party may amend its counterclaim once as a matter of course within 21 days
after service of a motion to dismiss under Rule 12(b). See Fed. R. Civ. P. 15(a)(1)(B).
Here, Defendants Amended Answer, Affirmative Defenses, and Counterclaim (Doc. 29)
was filed within the deadline imposed by Rule 15. Plaintiff’s Motion to Dismiss
Counterclaim (Doc. 17) is therefore DENIED as moot.

ORDERED on July 18, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE