OPINION AND ORDER

JOHN E. STEELE, District Judge.

This matter comes before the Court on Jack J. Antaramian and Antaramian Family LLC's Motion to Dismiss Counterclaim (Doc. #72), Jack J. Antaramian and Antaramian Family LLC's Motion for this Court to Abstain from Hearing the Guarantors' Counterclaim1 (Doc. #73), and Jack J. Antaramian and Antaramian Family, LLC's Motion to Dismiss Amended Third-Party Complaint (Doc. #70). Ali Ebrahimi (Ebrahimi), F. Fred Pezeshkan (Pezeshkan), Iraj Zand (Zand), and Raymond Sehayek (Sehayek) filed responses. (Docs. ##77-78).

Defendants Ebrahimi, Pezeshkan, Zand, and Sehayek filed their Answer, Affirmative Defenses, Amended Counterclaim and Third-Party Complaint (Doc. #68). The Counterclaim asserts two counts (Counts I and IV) against plaintiff Regions Bank and two counts (Counts II and III) against non-party Jack J. Antaramian (Antaramian). Ebrahimi, Pezeshkan, Zand, and Sehayek also asserted a two-count Third-Party Complaint against Antaramian and Antaramian Family, LLC for indemnification (Count I) and contribution (Count II).

Counterclaims are governed by Rule 13 of the Federal Rules of Civil Procedure, which permits a party to assert a counterclaim against an opposing party. Fed. R. Civ. P. 13. Antaramian is not a named party in the Amended Complaint, and therefore defendants must assert a third-party complaint, not a counterclaim, against him. Accordingly, Counts II and III of the Counterclaim are dismissed without prejudice. To the extent that Ebrahimi, Pezeshkan, Zand, and Sehayek wish to pursue these claims against Antaramian, they may file an Amended Third-Party Complaint within (21) days of this Opinion and Order. Because Counts II and III of the Counterclaim are dismissed, Antaramian and Antaramian Family LLC's motion to dismiss (Doc. #72) and motion to abstain from hearing the counterclaim (Doc. #73) are denied as moot.2 Further, because the Court anticipates an Amended Third-Party Complaint, Jack J. Antaramian and Antaramian Family, LLC's Motion to Dismiss the Third-Party Complaint (Doc. #70) is also dismissed as moot. Should Ebrahimi, Pezeshkan, Zand, and Sehayek fail to file an Amended Third-Party Complaint, Antaramian and Antaramian Family may file a Notice with the Court requesting reactivation of the Motion to Dismiss the Third-Party Complaint.

Accordingly, it is now

ORDERED:

1. Counts II and III of Ebrahimi, Pezeshkan, Zand, and Sehayek's Counterclaim are dismissed. To the extent that Ebrahimi, Pezeshkan, Zand, and Sehayek seek to pursue these claims against Antaramian, they may file an Amended Third-Party Complaint within twenty-one (21) days of this Opinion and Order.

2. Jack J. Antaramian and Antaramian Family LLC's Motion to Dismiss Counterclaim (Doc. #72), Motion for this Court to Abstain from Hearing the Guarantors' Counterclaim (Doc. #73), and Motion to Dismiss Amended Third-Party Complaint (Doc. #70) are DENIED AS MOOT.

DONE AND ORDERED.