Helena Chemical Company v. Loveless

Full title: HELENA CHEMICAL COMPANY PLAINTIFF v. ALLEN LOVELESS, et al. DEFENDANTS

Court: United States District Court, E.D. Arkansas, Eastern Division

Date published: Apr 16, 2008

2:07-CV-00043-WRW (E.D. Ark. Apr. 16, 2008)

Opinion

2:07-CV-00043-WRW.

April 16, 2008

ORDER

WILLIAM WILSON JR., District Judge

Pending is Plaintiff's Motion for Summary Judgment (Doc. No. 16). Defendants have responded (Doc. No. 25). Also pending is Defendants' Motion For Leave To File Amended Answer and Counter-Claim (Doc. No. 27). Plaintiff has responded (Doc. No. 30). For the reasons set out below, Plaintiff's Motion for Summary Judgment (Doc. No. 16) is DENIED without prejudice. Defendants' Motion to Amend (Doc. No. 27) is GRANTED. Defendants are directed to file by 5:00 p.m., Tuesday, April 22, 2008, the Amended Answer to Complaint and Counter-Claim attached to its Motion as Exhibit A.

I. BACKGROUND

II. DISCUSSION

^{1 2 3 4 5 6}13^{7 8 9}

1 Doc. No. 1.

2 Doc. No. 16.

3 Doc. No. 25.

4 Doc. No. 27.

5 Doc. No. 30.

6 Fed.R.Civ.P. 13(a).

7 United States v. Dico, Inc., 136 F.3d 572, 577 (8th Cir. 1998) (citing Baker v. Gold Seal Liquors, Inc., 417 U.S. 467, 469 n. 1 (1974)).

8 Fed.R.Civ.P. 13(f). Federal Rule of Civil Procedure 13(f) reads: "When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment."

9 Wayzata Bank Trust Co. v. A B Farms, 855 F.2d 590, 594 (8th Cir. 1988) (citing C. Wright and A. Miller, Federal Practice and Procedure, § 1430 at 158 (1971)).

The counterclaim Defendants seek to add is a compulsory counterclaim because it arises out of same transaction as the subject matter of Plaintiff's claim. I find that, in this case, justice requires that Defendants be allowed to set up their claim. Accordingly, Defendants' Motion to Amend (Doc. No. 27) is GRANTED. Plaintiff's Motion for Summary Judgment (Doc. No. 16) is DENIED without prejudice.

IT IS SO ORDERED.