Dual Trucking, Inc. et al v. JC Instride, Inc. et al
Filing
35
ORDER AND REASONS denying without prejudice 33 Motion for Leave to File Cross-claim and Counterclaim. Signed by Judge Helen G. Berrigan on 10/29/2013. (kac, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DUAL TRUCKING, INC., ET AL.
CIVIL ACTION
VERSUS
NO. 13-2523
JC INSTRIDE, INC., ET AL.
SECTION “C” (3)
ORDER AND REASONS
Before the Court is the ex parte motion of defendants JC Instride, Inc. and Unified
Oilfield Group, LLC for leave to file cross-claim and counterclaim. Rec. Doc. 33. The record
shows that these defendants filed an answer on May 6, 2013, which did not state a cross-claim or
counterclaim. Rec. Doc. 5.
Leave to file a cross-claim is governed by Rule 15, just like any other request to amend a
responsive pleading. Rule 15 provides for amendment under three circumstances: as a matter of
course within a specified time frame, with the opposition’s consent, or by leave of the court.
Because the defendants’ answer did not require a responsive pleading and more than 21 days
have passed since it was served on the parties, the time for amendment as a matter of course has
already passed in this case. Fed. R. Civ. P. 15(a)(1). The Court will only grant leave to amend a
pleading ex parte when it is accompanied by the opposing party’s written consent, as Rule 15
requires. Fed. R. Civ. P. 15(a)(2). Alternatively, the Court will consider the propriety of
amendment to add cross- and counterclaims after the opposing party has been given an
opportunity to provide any reasons to deny the amendment. See Dussouy v. Gulf Coast Inv.
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Corp., 660 F.2d 594, 598 (5th Cir. 1981).
Accordingly,
IT IS ORDERED that the JC Instride, Inc. and Unified Oilfield Group, LLC’s motion for
leave to file cross-claim and counterclaim is DENIED without prejudice to refiling in the proper
form. Rec. Doc. 33.
New Orleans, Louisiana, this 29th day of October, 2013.
______________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
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