Harrell et al v. Boeing Co., The, et al

Filing 78

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant Union Carbide's motion [# 77 ] is granted in part only as follows: this Court will institute denials under Rule 5(c)(1)(B) and order that any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and, all defendants are granted leave to file any counterclaim or crossclaim by September 12, 2014. In all other respects, the motion is denied. Signed by District Judge Catherine D. Perry on August 22, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES HARRELL, et al.,
Plaintiffs,
vs.
THE BOEING CO., et al.,
Defendants.

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Case No. 4:14CV479 CDP

MEMORANDUM AND ORDER
This matter is before me on defendant Union Carbide Corp.’s “motion to have all
counterclaims deemed filed and answered pursuant to Fed. R. Civ. P. 5(c)(1)(B),” or
alternatively, motion for leave to file counterclaims and answers to counterclaims. Fed. R. Civ.
P. 5(c)(1)(B) permits me, in cases such as this, to order that “any crossclaim, counterclaim,
avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied
or avoided by all other parties.” To the extent defendant’s motion seeks to institute denials under
this rule, it will be granted. However, the rule does not permit me to order that counterclaims,
affirmative defenses, or crossclaims be deemed filed by each defendant. Therefore, to the extent
defendant’s motion seeks to have counterclaims, affirmative defenses, or crossclaims deemed
filed, it will be denied. I will grant all defendants leave to file any counterclaim or crossclaim by
September 12, 2014. However, any untimely pleading filed beyond that date should be
accompanied by the appropriate motion for leave and supporting memorandum as previously
explained in my August 12, 2014, Memorandum and Order.
Accordingly,
IT IS HEREBY ORDERED that defendant Union Carbide’s motion [#77] is granted in

part only as follows: this Court will institute denials under Rule 5(c)(1)(B) and order that any
crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to
them will be treated as denied or avoided by all other parties; and, all defendants are granted
leave to file any counterclaim or crossclaim by September 12, 2014. In all other respects, the
motion is denied.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 22nd day of August, 2014.

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