Super Products Corp. v. D P Way Corp.

MEMORANDUM AND ORDER

WARREN, District Judge.

This case is before the Court on plaintiff’s motion to dismiss the counterclaim asserted against it. All issues raised by the motion, except that of the Court’s subject matter jurisdiction, have been disposed of in a prior order. The issue presented is whether this counterclaim is asserted under Rule 13(a) or 13(b). If it is a Rule 13(a) compulsory counterclaim, this Court may assert ancillary jurisdiction over it. If the claim be permissive, however, there must be an independent basis for federal jurisdiction.

Rule 13 defines a compulsory…