Hanson v. Desert Milk Transportation, Inc. Defined Benefit Plan et al

Filing 41

ORDER granting Dfts' 32 Motion for Leave to File third-party complaint. The Clerk is directed to filed the lodged proposed third-party complaint(Dkt. #34). Signed by Judge David G Campbell on 9/5/08.(KMG, )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) Desert Milk Transportation, Inc. Defined ) ) Benefit Plan; Desert Milk Transportation, Inc., Plan Administrator ) of the Desert Milk Transportation, Inc. ) Defined Benefit Plan; Janet L. Woods, ) individually and as Trustee of the Desert ) ) Milk Transportation, Inc. Defined ) Benefit Plan, ) ) Defendants. ) Ronald Hanson,

No. CV-08-419-PHX-DGC ORDER

Defendants have filed a motion for leave to file a third-party complaint pursuant to Rule 14 of the Federal Rules of Civil Procedure. Dkt. #32. Plaintiff does not oppose the motion. Dkt. #39. Rule 14 allows a defending party to assert a third-party complaint against "a nonparty who is or may be liable to it for all or part of the claim against it." Fed. R. Civ. P. 14(a)(1). Defendants seek leave to file a third-party complaint against Matthews, Gold, Kennedy and Snow, Inc. ("MGKS") and Steve and Jane Doe Matthews. Dkt. #32. The proposed complaint sufficiently alleges, for purposes of Rule 14, that MGKS and the Matthews may be liable to Defendants for all or part of the claims asserted against them by Plaintiff. Dkt. #34. The Court accordingly will grant Defendants' motion.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED: 1. Defendants' motion for leave to file third-party complaint (Dkt. #32) is granted. 2. The Clerk is directed to filed the lodged proposed third-party complaint (Dkt. #34). DATED this 5th day of September, 2008.

-2-