CompuServe Inc. v. Saperstein

Jerry Saperstein (defendant), acting pro se, brought counterclaims against CompuServe (plaintiff) after CompuServe sued him; when CompuServe sought a more definite statement on two counterclaims, Saperstein amended his answer once, adding clarifying detail, then later added six new counterclaims without seeking the court's permission under Rule 15(a). At a pretrial conference, the district judge struck the six new counterclaims and sua sponte dismissed all of Saperstein's remaining claims without prejudice (later with prejudice), asserting Saperstein had twice failed to provide a more definite statement despite amending; Saperstein appealed.