The Ford Plantation Club, Inc. et al v. McKay et al
Filing
39
ORDERED that for the reasons set forth in this Order, Defendants' notice of dismissal is insufficient and these claims are not dismissed from this action re 38 Notice of Defendants' Dismissal of Counterclaims. Defendants are free to seek amendment through compliance with Fed. R. Civ. P. 15(a). Signed by Judge William T. Moore, Jr on 12/11/18. (loh)
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J
.TTO'T
IN THE UNITED STATES DISTRICT COURT.FOR
THERN DISTRICT OF GEORGIA^^ . pw
SAVANNAH DIVISION
2.15
' '
'
3$
THE SOUTHERN DISTRICT OF GEORGIA
THE FORD PLANTATION CLUB, INC.,
OF GA.
and THE FORD PLANTATION
ASSOCIATION, INC.,
Plaintiffs,
CASE NO. CV417-023
V.
MICHAEL MCKAY, Individually and
as Trustee of the TARA HILL I
REVOCABLE TRUST,
Defendants.
ORDER
Before
the
Counterclaims.
dismiss
Court
(Doc.
counterclaims
is
38.)
1,
Defendants'
In
2,
their
and
3
Notice
notice,
as
set
of
Dismissal
Defendants
forth
in
of
seek
to
Defendants'
Answer to Plaintiffs' Amended Complaint. (Doc. 38 at 1.) Defendants
have asserted multiple counterclaims in their answer, including a
counterclaim
breach
of
declaratory
for
deceit
contract
judgment
(titled "Count
(titled
"Count
seeking
a
One"),
Two"),
declaration
a
a
counterclaim
counterclaim
that "the
for
for
purported
membership obligation is and has been unenforceable" (titled "Count
Three"),
another
counterclaim
for
declaratory judgment
seeking
a
declaration that "a Club member has and always has had the right to
resign his or her membership in The Club at any time" (also titled
"Count Three"), and a counterclaim for breach of contract and bad
faith (titled "Count Four"). (Doc. 30 at 5-20.) From Defendants'
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