KELLEY v. NITROGEN SOLUTIONS, L.L.C., 3:12CV00246 JLH. (2013)
Court: District Court, E.D. Arkansas
Number: infdco20130904782
Visitors: 3
Filed: Sep. 03, 2013
Latest Update: Sep. 03, 2013
Summary: ORDER J. LEON HOLMES, District Judge. Wesley Kelley has filed a motion to dismiss the counterclaim of Nitrogen Solutions, reiterating arguments that he made when Nitrogen Solutions requested leave to file a counterclaim. In granting the motion for leave to file the counterclaim, the Court stated: Nitrogen Solutions is correct that Kelley's complaint includes a claim under state law for breach of contract based on deductions from his bonus compensation that allegedly were improper. Assuming,
Summary: ORDER J. LEON HOLMES, District Judge. Wesley Kelley has filed a motion to dismiss the counterclaim of Nitrogen Solutions, reiterating arguments that he made when Nitrogen Solutions requested leave to file a counterclaim. In granting the motion for leave to file the counterclaim, the Court stated: Nitrogen Solutions is correct that Kelley's complaint includes a claim under state law for breach of contract based on deductions from his bonus compensation that allegedly were improper. Assuming, w..
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ORDER
J. LEON HOLMES, District Judge.
Wesley Kelley has filed a motion to dismiss the counterclaim of Nitrogen Solutions, reiterating arguments that he made when Nitrogen Solutions requested leave to file a counterclaim. In granting the motion for leave to file the counterclaim, the Court stated:
Nitrogen Solutions is correct that Kelley's complaint includes a claim under state law for breach of contract based on deductions from his bonus compensation that allegedly were improper. Assuming, without deciding, that the proposed counterclaim would be improper in a case that alleged only claims under the FLSA, here it is appropriate to permit the counterclaim in response to the claim for breach of contract alleged in Kelley's complaint.
Document #21 at 2.
Inasmuch as this is a bench trial, there is no need for bifurcated proceedings. Kelley's alternative request that the trial be bifurcated is likewise denied.
Finally, the Court believes that the counterclaim states a claim upon which relief can be granted. Therefore, Kelley's alternative request for a not more definite statement is denied.
IT IS SO ORDERED.
Source: Leagle
