Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-00367-Gl\/IS Document 22 Filed 09/26/2005 Page 1 of 2 '
IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE .
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THCI COMPANY, LLC, )
)
Plaintiff, ) '
)
v. ) C.A. No. 04-367 (GMS)
)
ABE BRIARWOOD CORP., ) I I
)
Defendant. ) I
ORDER
WHEREAS the Defendant in the above-captioned action filed a motion to dismiss
Plaintiffs complaint based, in part, on the Plaintiffs alleged failure to comply
Fed. R. Civ. P. l3(a) (D.I. 5 at 3-4); ,j'
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WHEREAS "the objective of Rule l3(a) is to promote judicial economy, so the
‘transaction or 0ccurrence’ is construed generously to further this purpose," T ransamer la
Occidental Ly? Ins. C0. v. Aviation Ojjice 0fAm., Inc., 292 F.3d 384, 390 (3d Cir. 2002); U
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WHEREAS "[f]or a claim to qualify as a compulsory counterclaim, there need not be pre e
identity of issues and facts between the claim and the counterclaim; rather, the relevant inqui ii
whether the counterclaim bears a logical relationship to an opposing party’s claim," id. at
(citations omitted); H
II
WHEREAS the Plaintiff explicitly acknowledges the logical relationship between the clai s
in the present case and the so-called "Missouri Complaint" previously filed by the Defendant
subsequently transferred to this court (D.I. 7 at 3); and H
WHEREAS the appropriate remedy for failure to comply with Rule l3(a) is dismissal un er q
Rule l2(b)(6), see MBIA Ins. C0rp. v. Royallndem. C0., 294 F. Supp. 2d 606, 613 (D. Del. Mar. l,
2003). i lk
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Case 1:04-cv-00367-GI\/IS Document 22 Filed 09/26/2005 Page 2 of 2 I
IT IS HEREBY ORDERED THAT; I
I. The Defendant’s motion to dismiss (D.I. 5) be GRANTED without prejudice as t he
Plaintiff s ability to reinstate its claims as counterclaims in the "Missouri Complaint;" II d
2. The Plaintiff" s motion to consolidate (D.I. 8) be DENIED as moot. I I
II, _ _
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Dated: September &_, 2005 · _
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Case 1:04-cv-00367-GMS

Document 22

Filed 09/26/2005

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Case 1:04-cv-00367-GMS

Document 22

Filed 09/26/2005

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