Owens et al v. Western & Southern Life Insurance Co. et al

Filing 43

ORDER denying as premature 41 Motion to Dismiss counterclaim. Signed by Judge Mary Ann Vial Lemmon. (cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
EARL E. OWENS AND
JOSEPH WAYNE ESPAT

CIVIL ACTION

VERSUS

NO: 13-4782

THE WESTERN & SOUTHERN LIFE
INSURANCE COMPANY AND
THE WESTERN & SOUTHERN LIFE
INSURANCE LONG TERM
INCENTIVE AND RETENTION PLAN

SECTION: "S" (4)

ORDER AND REASONS
IT IS HEREBY ORDERED the Plaintiffs' Motion to Dismiss Defendants' Counterclaim
(Doc. #41) is DENIED as premature.
On August 27, 2014, defendants, The Western & Southern Life Insurance Company and The
Western & Southern Life Insurance Long Term Incentive and Retention Plan, filed a Motion for
Leave to file a Counterclaim (Doc. #39). That motion is set for hearing before the United States
Magistrate Judge on October 15, 2014. Because the defendants have not yet been granted leave to
file the proposed counterclaim, there is no counterclaim to potentially dismiss on plaintiffs' motion.
Plaintiffs' motion is more properly construed as an opposition to defendants' motion for leave to file
their proposed counterclaim, and is forwarded to the United States Magistrate Judge for
consideration.

New Orleans, Louisiana, this 29th day of September, 2014.
_____

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE