Opinion
4:23-cv-1192-DPM
11-06-2024
DWBI INVESTMENTS, LLC PLAINTIFF/COUNTER-DEFENDANT v. INTERNATIONAL FOOD GROUP, L.L.C. DEFENDANT v. SUTTER & GILLHAM, P.L.L.C. DEFENDANT/COUNTER-CLAIMANT/CROSS-CLAIMANT v. TYSON FOODS, INC.; TYSON SALES AND DISTRIBUTION, INC.; and TYSON FRESH MEATS, INC. DEFENDANTS/CROSS-DEFENDANTS/ CROSS-CLAIMANTS v. DAVID DENNIS; DENNIS FOOD GROUP, LLC; LEPHIEW GIN COMPANY, INC.; LEPHIEW DENNINGTON; BENJAMIN MCCORKLE; BEACON LEGAL GROUP, P.L.L.C.; TIMOTHY DUDLEY; RICKEY HICKS; and GARY, WILLIAMS, PARENTI, WATSON, GARY & GILLESPIE, P.L.L.C. DEFENDANTS/CROSS-DEFENDANTS
ORDER
D.P. Marshall Jr. United States District Judge.
1. The motions to amend, Doc. 119 & Doc. 122, are granted. Both motions were filed by the Amended Final Scheduling Order's 20 November 2024 deadline for proposing amended pleadings. Doc. 103 at 1. And leave to amend should be freely given when justice so requires. Fed.R.Civ.P. 15(a)(2). Sherman v. Winco Fireworks, Inc., 532 F.3d 709, 715 (8th Cir. 2008). It does here. The preclusion defenses were not available before.
2. The motion to stay, Doc. 125, is denied. The pending appeal in state court does not affect the finality of the state trial court's judgment for preclusion purposes. John Cheeseman Trucking, Inc. v. Pinson, 313 Ark. 632, 636-37, 855 S.W.2d 941, 943 (1993).
3. That leaves the lingering discovery issues. Rickey Hicks has now responded to DWBI's request for admissions. Doc. 131. Discovery dispute, Doc. 116, addressed.
So Ordered.