Opinion
Civil Action 21-1492
04-18-2023
GABRIEL CHALEPLIS, et al., Plaintiffs, v. MICHAEL KARLOUTSOS, et al., Defendants.
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 18th day of April, 2023, after considering Plaintiffs' Motion to Dismiss and Strike the Rodgers Defendants' Counterclaim (ECF No. 84), and any responses thereto, it is hereby ORDERED that Plaintiff's Motion to Dismiss and Strike the Rodgers Defendants' Counterclaim is GRANTED in part and DENIED in part as follows:
1. Counts I, III (as to legal accounting only), V, and VI of the Counterclaim (ECF No. 81) are DISMISSED without prejudice and with leave to amend. Counts II and III (as to equitable accounting only) of the Counterclaim are DISMISSED with prejudice and without leave to amend.
2. Paragraphs 21, 25, 26, 35-37, 39-48, 50-52, 54, 60, 65, 68, 69, 73, 101, 106, 107, and 111 are STRICKEN pursuant to Fed.R.Civ.P. 12(f).
3. The Rodgers Defendants may file an amended counterclaim or a statement that they plan to stand on the counterclaim by May 8, 2023. Failure to act by May 8, 2023 will be deemed a decision by the Rodgers Defendants that they wish to stand on the counterclaim. If the Rodgers Defendants advise the Court that they will stand on the counterclaim or fail to so respond by May 8, 2023, the Court will dismiss the counterclaim with prejudice due to the Rodgers Defendants' failure to state a claim upon which relief can be granted.
AND IT IS SO ORDERED.