H.D. Smith Wholesale Drug Co. v. Crawford
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|Date Filed||#||Document Text|
|April 29, 2013
OPINION (See Written Opinion): The Court GRANTS summary judgment on Counts I through III of H.D. Smith's First Amended Complaint. Before the Clerk enters final judgment on the amounts Crawford owes for his breach of the duly executed Promissory Notes and Primary Vendor Agreement, H.D. Smith SHALL prepare an accounting to present at a hearing in open court on May 13, 2013 at 3:00 p.m.. Entered by Judge Sue E. Myerscough on 4/29/2013. (VM, ilcd)
|March 19, 2013
OPINION (See Written Opinion): The Court does NOT dismiss Crawford's breach of contract counterclaim for failure to state a claim. However, the Court RECHARACTERIZES as a counterclaim Crawford's affirmative defense that challenges the amou nt owed to H.D. Smith and will treat the claim as if Crawford raised it as a counterclaim from the beginning of this case. This renders it redundant for Crawford to again challenge the amount he owes H.D. Smith in his counterclaim for breach of cont ract. Therefore, the Court STRIKES Crawford's counterclaim for breach of contract. Crawford need not file another Answer that includes a counterclaim that challenges the amount Crawford owes to H.D. Smith. H.D. Smith shall file all dispositiv e motions that address the newly characterized counterclaim by March 29, 2013. Crawford has until April 8, 2013 to file a response. Further, the Court GRANTS H.D. Smith's Motion to Dismiss Crawford's claim for fraud in Count II of the Counterclaim. Crawford has not sought and therefore will not receive leave to replead his fraud claim. Because Crawford's breach of contract and fraud claims have been disposed of on two separate grounds, the Court need not address H.D. Smith's argument to dismiss Crawford's Counterclaim with prejudice based on Crawford's failure to comply with Federal Rule of Civil Procedure 13(a)(1). IT IS SO ORDERED. Entered by Judge Sue E. Myerscough on 03/19/2013. (VM, ilcd)
|June 28, 2012
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff H.D. Smith Wholesale Drug Co.,'s Motion to Strike Defendant's Affirmative Defenses 1-4 Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure 7 is ALLOWED in part and DENIED in part. See written order. (LB, ilcd)
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