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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.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'