Brushart v. Adams et al

Filing 38

ORDER AND REPORT AND RECOMMENDATIONS GRANTING 36 Motion for Leave to File a Fourth Amended Counterclaim. the Court RECOMMENDS that the Motion to Dismiss the Amended Counterclaim be DENIED as MOOT. (Doc. 34 ). Signed by Magistrate Judge Kimberly A. Jolson on 11/17/2016. (pes)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
HELEN BRUSHART,
Plaintiff,
Civil Action 2:16-cv-520
Judge Algenon L. Marbley
Magistrate Judge Jolson

v.
BRIAN ADAMS, et al.,
Defendants.

ORDER AND REPORT AND RECOMMENDATION
This matter is before the Court on an Unopposed Motion for Leave to File a Fourth
Amended Counterclaim filed by Defendant Brian Adams. (Doc. 36). The proposed “Fourth
Amended Counterclaim does not add claims or parties, but, rather, makes clear that Defendant
A-Team is no longer a party to the Counterclaims by virtue of the assignment of A-Team’s
claims to Adams. The Fourth Amended Counterclaim also attaches the assignment that is
referenced at paragraph 7 of the Third Amended Counterclaim.” (Id. at 2). For good cause
shown, the Unopposed Motion is GRANTED.

(Doc. 36).

Consequently, the Clerk is

DIRECTED to file Exhibit A to Doc. 36 as the Fourth Amended Counterclaim. Based upon the
foregoing, the Court RECOMMENDS that the Motion to Dismiss the Amended Counterclaim be
DENIED as MOOT. (Doc. 34).
IT IS SO ORDERED.
Date: November 17, 2016

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE