Baker Hughes Oilfield Operations, Inc., v. Packers Plus Energy Services Inc et al
OPINION AND ORDER, denying 55 MOTION to Dismiss 46 Counterclaim or Alternatively, Motion to Strike Defendants' Counterclaims (Signed by Judge Melinda Harmon) Parties notified.(jdav, 4)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BAKER HUGHES OILFIELD OPERATIONS §
PACKERS PLUS ENERGY SERVICES INC, §
March 12, 2018
David J. Bradley, Clerk
CIVIL ACTION NO. 4:17-CV-1422
OPINION AND ORDER
Pending before the Court in the above-referenced cause, and under FED. R. CIV. P. 7(a),
12(b), and 12(f), is Plaintiff Baker Hughes Oilfield Operations LLC’s (“Baker Hughes”) Motion
to Dismiss, or Alternatively Motion to Strike Defendant’s Counterclaims, Doc. 55, and
Defendants Packers Plus Energy Services Inc. and Packers Plus Energy Services (USA) Inc.’s
(together, “Packers Plus”) Response, Doc. 64. Having considered the Motions, the facts in the
record, and the applicable law, the Court concludes that Baker Hughes’ Motion should be
On January 24, 2017, Packers filed a stand-alone document labeled Packers Plus’s
Counterclaims against Baker Hughes. Doc. 46. Subsequently, Baker Hughes filed its motion to
strike. Doc. 55. On February 23, 2018, the Court granted leave to Baker Hughes to file its First
Amended Complaint (“FAC”). Docs. 58, 59. Subsequently, Packers Plus answered the FAC,
attaching affirmative defenses and counterclaims, Doc. 62, and that same day it also filed a
Response to Baker Hughes’s Motion. Doc. 64
Baker Hughes asserts that Packers Plus cannot assert its counterclaim as a “standalone
document.” Doc. 55 (citing FED. R. CIV. P. 7 and 13(a)). The Court agrees. But at the time of the
Motion, Packers Plus had not filed its Answer. And in answering the FAC, Packers Plus
incorporated its counterclaims into its Answer, rendering Baker Hughes’s assertion moot. Doc.
62 at 10–27. Accordingly, the Court hereby
ORDERS that Baker Hughes’s Motion to Dismiss, or Alternatively Motion to Strike
Defendant’s Counterclaims, Doc. 55, is DENIED.
SIGNED at Houston, Texas, this 12th day of March, 2018.
UNITED STATES DISTRICT JUDGE
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