Access eForms, LP v. Beck

Access eForms, LP v. Beck

Plaintiff:	Access eForms, LP
Defendant:	Sidney Beck
Case Number:	4:2018cv00010
Filed:	January 4, 2018
Court:	US District Court for the Eastern District of Texas
Office:	Sherman Office
County:	Grayson
Presiding Judge:	Amos L. Mazzant
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	None

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Date Filed	Document Text
January 4, 2018	Filing 1 *ENTERED IN CASE NUMBER 4:16CV985*MEMORANDUM OPINION AND ORDER. The Court finds severance under Rule 21 appropriate because trying Defendant's claims together with Plaintiff's claim would confuse the jury and cause pre judice to Plaintiff. The prejudice and confusion outweighs the relatively minor benefit of trying the claims together for judicial economy. It is therefore ordered that Plaintiff's Motion to Dismiss Defendant's Counterclaims (Dkt. #29) i s DENIED. It is further ORDERED that Defendant's counterclaims claim are SEVERED from the present action. The Court directs the Clerk of this Court to assign a separate case number for Defendant's claims, naming Access eForms, LP, as the new Plaintiff and Sidney Beck as the new Defendant. It is further ORDERED that within fourteen (14) days of the issuance of this order, Defendant Access eForms, LP, shall file a new complaint and must pay the filing fee for the new claims against Plaintiff to avoid having the severed causes of action dismissed without prejudice. Signed by District Judge Amos L. Mazzant, III on 1/4/2018. (baf, )

Date Filed

Document Text

January 4, 2018

Filing 1 ***ENTERED IN CASE NUMBER 4:16CV985***MEMORANDUM OPINION AND ORDER. The Court finds severance under Rule 21 appropriate because trying Defendant's claims together with Plaintiff's claim would confuse the jury and cause pre judice to Plaintiff. The prejudice and confusion outweighs the relatively minor benefit of trying the claims together for judicial economy. It is therefore ordered that Plaintiff's Motion to Dismiss Defendant's Counterclaims (Dkt. #29) i s DENIED. It is further ORDERED that Defendant's counterclaims claim are SEVERED from the present action. The Court directs the Clerk of this Court to assign a separate case number for Defendant's claims, naming Access eForms, LP, as the new Plaintiff and Sidney Beck as the new Defendant. It is further ORDERED that within fourteen (14) days of the issuance of this order, Defendant Access eForms, LP, shall file a new complaint and must pay the filing fee for the new claims against Plaintiff to avoid having the severed causes of action dismissed without prejudice. Signed by District Judge Amos L. Mazzant, III on 1/4/2018. (baf, )

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Plaintiff: Access eForms, LP
Represented By:	Millicent Meroney Lundburg
Represented By:	Curran Michael Walker
Represented By:	William Dean Wiese
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Defendant: Sidney Beck
Represented By:	Douglas Burton Welmaker
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