Barbara Mathias owns an advertising agency in Memphis, Tennessee. Richard Ellman was a salaried employee under a written employment contract. You are the federal trial judge. Each subpart stands alone. Defendant moves to dismiss Count I because it does not arise out of the employment relationship.
Defendant answers the lawsuit.
A month later, she seeks to amend her answer to allege that the plaintiff had executed a written release, absolving her of all liability. Plaintiff moves to dismiss the counterclaim. Mathias files a counterclaim based on the promissory note in federal court. Mathias also files a third party action based on the promissory note against Jerry in federal court. Jerry moves to dismiss the third party action filed against him.