Commerce Point Capital, Inc. v. First Data Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 COMMERCE POINT CAPITAL, INC., Case No.: 19-CV-556 W (LL)

Plaintiff,

ORDER GRANTING MOTION FOR

v. LEAVE TO FILE COUNTERCLAIM [DOC. 43] FIRST DATA CORPORATION, et al., Defendants. 18 19 Pending before the Court is Defendants’ motion for leave to file a counterclaim against Plaintiff pursuant to Federal Rule of Civil Procedure 15(a)(2). Plaintiff opposes. The Court decides the matters on the papers submitted and without oral argument under Civil Local Rule 7.1(d)(1). For the reasons stated below, the Court GRANTS the motion [Doc. 43]. // // // 28 I. BACKGROUND On July 18, 2018, Plaintiff filed its initial complaint in California state court alleging breach of contract and various tort claims relating to the alleged breach. On March 26, 2019, Defendants removed the action to this Court. (See Notice of Removal [Doc. 1].) On April 2, 2019, Defendants filed two motions to dismiss.…