Dunkin' Donuts Franchising LLC et al v. SAI Food & Hospitality, LLC et al

Filing 81

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants' motion to file a third amended counterclaim is GRANTED. (Doc. No. 76). The Clerk of Court shall detach the third amended answer and counterclaim, filed as an exhibit to Defendants' motion, and docket it as a separate document. IT IS FURTHER ORDERED that Defendants shall serve Dunkin Brands, Inc., forthwith with a copy of the third amended counterclaim, and file proof of service. Dunkin' Brands, Inc., shall have ten days after responding to the third amended counterclaim, to join in the other Plaintiffs' pending motions and responses/replies, or to inform the Court that it does not wish to do so. Signed by District Judge Audrey G. Fleissig on 12/26/2012. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DUNKIN’ DONUTS FRANCHISING
LLC, et al.,

)
)
)
Plaintiffs / Counterclaim Defendants, )
)
vs.
)
)
SAI FOOD HOISPITALITY, LLC, et al., )
)
Defendants / Counterclaim Plaintiffs. )

Case No. 4:11CV01484 AGF

MEMORANDUM AND ORDER
This matter is before the Court on the motion of Defendants for leave to file a third
amended answer and counterclaim, joining Dunkin’ Brands, Inc., as an additional
counterclaim Defendant. Under Rule 15(a) of the Federal Rules of Civil Procedure, a
district court should grant leave to amend freely “when justice so requires,” and a motion
to amend should only be denied for limited reasons, including plaintiff's undue delay or
bad faith in bringing the motion, unfair prejudice to defendant, or futility of the
amendment. Schriener v. Quicken Loans, Inc., No. 4:12CV1193 CDP, 2012 WL
6553830, at *2 (E.D. Mo. Dec. 14, 2012). Here the Court finds no bad faith on Plaintiffs’
part, and finds the current Plaintiffs’ arguments of prejudice unpersuasive.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ motion to file a third amended
counterclaim is GRANTED. (Doc. No. 76). The Clerk of Court shall detach the third

amended answer and counterclaim, filed as an exhibit to Defendants’ motion, and docket
it as a separate document.
IT IS FURTHER ORDERED that Defendants shall serve Dunkin’ Brands, Inc.,
forthwith with a copy of the third amended counterclaim, and file proof of service.
Dunkin’ Brands, Inc., shall have ten days after responding to the third amended
counterclaim, to join in the other Plaintiffs’ pending motions and responses/replies, or to
inform the Court that it does not wish to do so.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 26th day of December, 2012.

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