American Water Heater Company v. The Taylor Winfield Corporation

MOTION to Amend/Revise 63 Counterclaim

E.D. Tenn.February 13, 2019

1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE NORTHEASTERN DIVISION AT GREENEVILLE AMERICAN WATER HEATER CO., and ) A.O. SMITH CORPORATION, ) ) Plaintiffs, ) ) ) vs. ) Case No. 2:16-cv-125 ) TAYLOR-WINFIELD ) TECHNOLOGIES, INC., ) ) Defendant, and Counterclaimant, ) ) vs. ) ) AMERICAN WATER HEATER CO., and ) A.O. SMITH CORPORATION ) ) Counterdefendants, ) DEFENDANT’S MOTION FOR LEAVE TO AMEND ANSWER AND COUNTERCLAIM The Defendant, hereinafter referred to as “Taylor-Winfield,” appearing through its undersigned legal counsel, hereby respectfully seeks leave of this Court to file a Third Amended Answer to the Plaintiffs’ First Amended Complaint (Doc. 6), together with a First Amended Counterclaim against the Plaintiffs. The Defendant would respectfully show to the Court that information learned by the Defendant over the course of discovery in this civil action both requires and justifies the revision and the rewriting of the Defendant’s Affirmative Defenses, and the Defendant/Counterclaimant’s Counterclaim. An unserved copy of the Defendant’s entire, proposed “Third Amended Answer to First Amended Complaint and First Amended Counterclaim,” reflecting the foregoing revisions and rewriting, is attached hereto and incorporated herein pursuant to E.D.Tenn.L.R. 15.1. The Defendant would further show that a sufficient amount of time for any factual and expert witness discovery that may be Case 2:16-cv-00125-CLC-MCLC Document 79 Filed 02/13/19 Page 1 of 2 PageID #: 542 2 desired by any party as a result of these proposed amendments still remains available under the Court’s current scheduling order. Accordingly, the Defendant respectfully asserts that justice requires and allows these proposed amendments, Fed.R.Civ.P. 15(a)(2). WHEREFORE, the Defendant/Counterclaimant, Taylor-Winfield, respectfully prays this Court to grant leave to file and serve Exhibit 1 hereto as Taylor-Winfield’s “Third Amended Answer” and “First Amended Counterclaim.” Respectfully submitted, ARNETT, DRAPER & HAGOOD, LLP By: Dan D. Rhea Dan D. Rhea, BPR No. 5927 Attorneys for Taylor-Winfield Technologies, Inc. ARNETT, DRAPER &HAGOOD, LLP P.O. BOX 300 KNOXVILLE, TN 37901- 0300 Phone: 865/546-7000 Facsimile: 865/546-0423 E-Mail: drhea@adhknox.com CERTIFICATE OF SERVICE The undersigned, counsel for the Defendant and Counterclaimant, hereby certifies that on February 13, 2019, a copy of the foregoing Motion to Amend was filed electronically. Notice of the filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Court’s electronic filing system. By: Dan D. Rhea Dan D. Rhea, BPR No. 5927 Case 2:16-cv-00125-CLC-MCLC Document 79 Filed 02/13/19 Page 2 of 2 PageID #: 543