FDX Supply Chain Services, Inc. v. North Face, Inc.

MEMORANDUM AND ORDER

VANBEBBER, District Judge.

This matter is before the court on the plaintiffs motion to dismiss the counterclaims of the defendant (Doc. 21) and on the defendant’s motion for leave to amend its counterclaims (Doc. 25). The issues have been fully briefed and are ready for ruling.

The defendant is a wholesaler and retailer of a line of sports clothing and equipment. In February 1999 the parties entered into a written interim agreement whereby the plaintiff (FDX) agreed to manage and operate the defendant’s (North Face) warehouse and distribution services from a facility located…