Mrs. Fields Franchising v. MFGPC

Filing 200

ORDER granting 183 Motion for Joinder of Perfect Snax Prime; finding as moot 185 Motion for Clarification on Whether to Permit Joinder of Perfect Snax Prime, LLC as Counterclaim Defendant re 183 MOTION for Joinder of Mrs. Fie lds Famous Brands and Perfect Snax Prime, LLC as Counterclaim Defendants. MFGPC is HEREBY ORDERED to file an Amended Counterclaim that comports with the courts orders regarding the Motion to Amend (ECF Nos. 171 and 184 ) within SEVEN DAYS of this Order. Signed by Judge Jill N. Parrish on 4/5/2019. (jwt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MFGPC, INC., a California corporation,
Counterclaim Plaintiff,
v.

ORDER GRANTING MOTION FOR
JOINDER OF PERFECT SNAX

MRS. FIELDS FRANCHISING, LLC, a
Delaware limited liability company; MRS.
FIELDS FAMOUS BRANDS, a Delaware
limited liability company, d.b.a. Famous Brands
International; and PERFECT SNAX PRIME
LLC, a Delaware limited liability company,

Case No. 2:15-cv-00094-JNP-DBP
District Judge Jill N. Parrish
Magistrate Judge Dustin B. Pead

Counterclaim Defendants.

This matter is before the court on MFGPC’s Motion for Joinder (ECF No. 183) and Motion
for Clarification (ECF No. 185). On February 18, 2019, the court granted MFGPC’s motion to join
Mrs. Fields Famous Brands as a counterclaim defendant pursuant to Fed. R. Civ. P. 13 but reserved
judgment on whether to permit joinder of Perfect Snax Prime LLC (“Perfect Snax”). The court
now grants the Motion for Joinder of Perfect Snax as a counterclaim defendant under Fed. R. Civ.
P. 13(h) for the following reasons.
Under Fed. R. Civ. P. 13(h), counterclaim defendants may be joined if the counterclaim
asserted against them is also asserted against at least one existing party and the joinder comports
with Federal Rule 19 or 20. See Rutter Group Practice Guide, Federal Civil Procedure Before Trial
§ 8:1217 (2018); see also Homeworx Franchising, LLC v. Meadows, No. 2:09CV11, 2010 WL
481413, at *3 (D. Utah Feb. 4, 2010). The Proposed Amended Counterclaim filed by MFGPC with
its Motion for Joinder asserts two claims for equitable relief against Perfect Snax: 1) for

1

Declaratory Relief and 2) for Temporary and Permanent Injunctive Relief. These two claims are
both also asserted against Mrs. Fields, the original counterclaim defendant in this case.
Joinder is also permissible under Fed. R. Civ. P. 20 because MFGPC’s equitable claims
relate to Mrs. Fields’ improper licensing of MFGPC’s exclusive right to sell Mrs. Fields’ branded
popcorn. Thus the “right to relief is asserted against [Mrs. Fields, Famous Brands, and Perfect
Snax] . . . with respect to or arising out of the same transaction, occurrence, or series of transactions
or occurrences;” and many questions “of law or fact common to all [counterclaim] defendants will
arise in the action.” Finally, as Perfect Snax is a Delaware corporation with its principal place of
business in New Jersey, its joinder will not destroy diversity jurisdiction.
ORDER
The court GRANTS MFGPC’s Motion for Joinder of Perfect Snax (ECF No. 183). It is
HEREBY ORDERED that Perfect Snax Prime LLC be joined as a Counterclaim Defendant in
this matter pursuant to Fed. R. Civ. P. 13. MFGPC’s Motion for Clarification (ECF No. 185) is
terminated as moot. MFGPC is HEREBY ORDERED to file an Amended Counterclaim that
comports with the court’s orders regarding the Motion to Amend (ECF Nos. 171 and 184) within
SEVEN DAYS of this Order. 1
DATED April 5, 2019
BY THE COURT:

_______________________
JILL N. PARRISH, Judge
United States District Court

1

MFGPC has filed two proposed Amended Counterclaims, one with its original Motion to Amend
and a second with its Motion for Joinder. Neither counterclaim comports with the court’s prior
orders regarding the Motion to Amend. MFGPC must revise its Amended Counterclaim
accordingly, removing all references to John Does 1-100.
2