Opinion
Case No. 6:05-cv-948-Orl-31JGG.
September 21, 2005
ORDER
Plaintiff has moved to Dismiss Defendant's Counterclaim (Doc. 13) under the authority of Brennan v. Heard, 491 F. 2d 1 (5th Cir. 1974). However, even if Brennan were applicable, Plaintiff has also asserted a supplemental state law claim for breach of an employment contract. Accordingly, the Court has supplemental jurisdiction over Defendant's Counterclaim pursuant to Fed.R.Civ.P. 13(a), and the Counterclaim is not deficient under a Rule 12(b)(6) analysis. It is, therefore
ORDERED that the Motion is DENIED.
DONE and ORDERED.