PARTS GEEK, LLC v. U.S. AUTO PARTS NETWORK, INC. et al

Filing 14

MOTION to Dismiss, MOTION to Transfer Case to Northern District of California by GOOGLE, INC.. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Declaration, # 4 Certification)(HANGLEY, MICHELE)

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PARTS GEEK, LLC v. U.S. AUTO PARTS NETWORK, INC. et al Doc. 14 [Doc. No. 13] THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE JANE DOE, Plaintiff, v. EGG HARBOR TOWNSHIP, et. al., Defendants. : : : : : : : : : Civil No. 07-4067(JBS) ORDER This matter is before the Court on the Motion to File Third Party Complaint [Doc. No. 13] filed by A. Michael Barker, Esquire, counsel for Defendant, the Township of Egg Harbor; and Defendant seeking leave to file a Third Party Complaint against Allycyn Fiore; and Defendant arguing that Plaintiff's Complaint alleges that Defendants, Township of Egg Harbor and John DeAngelis, accessed and provided confidential information regarding Plaintiff to Ms. Fiore; and Defendant further arguing that Ms. Fiore distributed this confidential information throughout the community; and Defendant further arguing that it has claims against Ms. Fiore for contribution and indemnity if a judgment is recovered by Plaintiff against Defendant; and no party filing opposition to Defendant's Motion; and The Court finding that pursuant to Fed. R. Civ. P. 14(a), at any time after commencement of the action a defendant, as a third party plaintiff, may cause a summons and complaint to be served upon a person not yet a party to the case who is or may be liable to the third party plaintiff for part or all of plaintiff's claims against the third party plaintiff; and the Court further finding Dockets.Justia.com that a defendant seeking to serve a third party complaint more than ten (10) days after serving their original answer must obtain leave of court (Fed. R. Civ. P. 14(a)); and the Court further finding that Ms. Fiore may be liable for all or part of any judgment Plaintiff may recover against Defendant; and the Court further finding that discovery in this case is only in the beginning stages so granting Defendant's Motion will not unduly delay trial in this case; and the Court further finding that Defendant has demonstrated good cause to file its Third Party Complaint; and accordingly IT IS on this 9th day of November 2007 hereby ORDERED that Defendant's Motion to File Third Party Complaint is GRANTED; and it is further ORDERED that no later than November 19, 2007 Defendant shall file and serve, in accordance with the Federal Rules of Civil Procedure, its Third Party Complaint submitted to this Court with its November 1, 2007 letter. /s/ Joel Schneider JOEL SCHNEIDER United States Magistrate Judge