Smitty's Supply, Inc. v. Hegna

Filing 106

ORDER AND REASONS that Smitty's Supply, Inc's 86 Motion for Leave to File Counterclaim in Civil Action No. 17-7191 is GRANTED. IT IS FURTHER ORDERED that Lindsay Morgan Hegna's 87 Motion to Strike Smitty's Supply, Inc.'s "Counterclaim" is DENIED as moot. Signed by Judge Mary Ann Vial Lemmon on 3/15/2018. (Reference: 16-13396, 17-7191) (cms)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SMITTY'S SUPPLY, INC.

CIVIL ACTION

VERSUS

NO. 16-13396 c/w 17-7191

LINDSAY BAKER HEGNA

SECTION "S" (3)
ORDER AND REASONS

IT IS HEREBY ORDERED that Smitty’s Supply, Inc.’s Motion to for Leave to File
Counterclaim in Civil Action No. 17-7191 (Doc. #86) is GRANTED.
Rule 15 of the Federal Rules of Civil Procedure provides that the court shall freely give
leave to amend the pleadings when justice so requires. Hegna argues that this court should analyze
Smitty’s motion under Rule 16(b) because Smitty’s did not ask for leave to file the counterclaim
until after the scheduling order’s deadline for amendment of pleadings had passed.1 Smitty’s filed
its Counterclaim at 2:51 p.m., on February 9, 2018, which was the scheduling order’s deadline for
amending the pleadings. Smitty’s neglected to file a motion for leave to file the counterclaim. The
next Monday, the court informed Smitty’s of its error. When Smitty’s supplied to the court its
motion for leave, the court attached it to the counterclaim, and all of the documents are considered
to have been filed by Smitty’s on February 9, 2018. Therefore, Rule 16(b) does not apply, and the

1

The United States Court of Appeals for the Fifth Circuit has held that Rule 16(b) governs when proposed
amendments to the pleadings are filed after the scheduling order deadline for amendments has expired. Sw.
Bell Tel. Co. v. City of El Paso, 346 F.3d 541, 546 (5th Cir. 2003). Rule 16(b)(4) states that “[a] schedule
may be modified only for good cause and with the judge’s consent.” To determine if the movant has
established good cause, the court considers: “(1) the explanation for the failure to timely move for leave to
amend; (2) the importance of the amendment; (3) potential prejudice in allowing the amendment; and (4)
the availability of a continuance to cure such prejudice.” Sw. Bell Tel. Co., 346 F.3d at 546 (quotations
omitted).

court finds that justice requires allowing the counterclaim to be filed under Rule 15 to ensure that
all of the parties’ claims against each other are heard in one forum.
IT IS FURTHER ORDERED that Lindsay Morgan Hegna’s Motion to Strike Smitty’s
Supply, Inc.’s “Counterclaim” (Doc. #87) is DENIED as moot.
Hegna argues that Smitty’s counterclaim should be stricken because Smitty’s failed to ask
for leave and did not identify to which civil action the counterclaim applied. Smitty’s filed a
motion for leave that clarifies to which civil action the counterclaim applies, rendering moot
Hegna’s motion to strike.
March
New Orleans, Louisiana, this 15th day of ____________________, March, 2018.
_____

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE