Hoffman Ex Rel. Estate of Hoffman v. Sumner

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiffs/Counter-Defendants Cristi Hoffman, Designed Alloys, Inc. (“DAI”), Designed Alloy Products, Inc. (“DAPI”) and Alloy Rod Products, Inc. (“ARPI”) have brought a joint motion under Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 12(0 to strike and dismiss the amended counterclaims brought by defendants/counter-plaintiffs James Sumner (“Sumner”) and Frank Winter (“Winter”). For the following reasons, I grant their motion in part and deny it in part.

I

Plaintiffs originally brought suit against defendants seeking a declaratory…