Opinion
01 Civ. 10089 (LAK)
March 15, 2002
ORDER
Now before the Court are plaintiffs' motions for leave to amend the complaint and to dismiss defendant's counterclaim.
1. The motion for leave to amend is granted. Defendant has advanced no sufficient basis for any other conclusion.
2. The motion to dismiss the counterclaim is granted. To the extent the counterclaim purports to state a claim for fraud or misrepresentation, its conclusory allegation that the plaintiffs did not intended to comply with the notice provision of the reinsurance certificates at the time the contracts were entered into fails to comply with Rule 9(b). And while the counterclaim arguably states a claim for breach of contract, the amalgamation of different theories in an undifferentiated mass fails to comply with Rule 10(b). Defendant may file, on or before March 29, 2002, an amended answer and counterclaim. Should it do so, it shall set forth each claim for relief based upon a different theory in a separate count.
3. Henceforth, defendant shall comply with the individual practices of the undersigned in respect of providing courtesy copies of motion papers and pleadings to chambers.
SO ORDERED.