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O R D E R
This case is before the court upon Debra Rittgers motion
to alter or amend judgment.
court
to
modify
counterclaim
and
its
to
order
permit
(Doc.
No.
Rittgers
to
dismissing
proceed
with
her
the
plaintiffs
answer.
motion
because
it
was
filed
as
part
of
an
be asserted in a pleading.
FED.R.CIV.P.
answer.
not
7(a)
to
A pleading is restricted in
complaint,
answer
or
reply
to
an
The court cited W&W Steel, LLC v. BSC Steel, Inc., 2012
The
difference
the
between
this
case
and
W&W
Steel
is
that
Cf., Sheldon v.
(2nd
Cir.
1971)(a
defendant
may
not
proceed
with
motion
to
alter
or
amend
judgment
pursuant
to
to
correct
clear
error
or
prevent
manifest
injustice.
s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge