Nigel Scott v. Lowes Home Centers, LLC

Filing 19

ORDER re: Defendants Motion for Leave to File Counterclaim Against Towne Delivery Service 15 by Judge Ronald S.W. Lew: The Court DENIES Defendants Motion. The Court points Defendant to Federal Rule of Civil Procedure 14(a), which permits a defendant, subject to the constraints identified in the rule, to serve a summons and complaint on a non-party who is or may be liable to it for all or part of the claim against it. IT IS SO ORDERED. (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ORDER re: Defendant’s
Motion for Leave to File
Counterclaim Against Towne
Delivery Service [15]

Plaintiff,

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CV 21-00919-RSWL-AS

NIGEL SCOTT,

v.
LOWE’S HOME CENTERS, LLC;
and DOES 1 to 50,

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Defendants.

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On May 27, 2021, Defendant Lowe’s Home Centers, LLC

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(“Defendant”) filed a Motion for Leave to File a

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Counterclaim Against Third Party Towne Delivery Service

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(“TDS”) [15].

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provide, a counterclaim is a claim “against an opposing

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party.”

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not seek to assert a claim against Plaintiff Nigel

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Scott, the sole party opposite Defendant in this Action.

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For that reason, the Court DENIES Defendant’s Motion.

As the Federal Rules of Civil Procedure

See Fed. R. Civ. P. 13(a)-(b).

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Defendant does

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The Court points Defendant to Federal Rule of Civil

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Procedure 14(a), which permits a defendant, subject to

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the constraints identified in the rule, to “serve a

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summons and complaint on a nonparty who is or may be

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liable to it for all or part of the claim against it.”

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IT IS SO ORDERED.

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DATED: July 13, 2021

/s/ Ronald S.W. Lew
_____________________________
HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

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