Gcube Insurance Services, Inc. v. Lindsay Corporation
Filing
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ORDER GRANTING 14 Defendant's Motion for Leave to File a Third-Party Complaint signed by Senior Judge William B. Shubb on 2/27/2013. (Kirksey Smith, K)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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----oo0oo---GCUBE INSURANCE SERVICES,
INC., a California
corporation,
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NO. CIV. 2:12-1163 WBS CKD
ORDER RE: MOTION FOR LEAVE TO
FILE A THIRD-PARTY COMPLAINT
Plaintiff,
v.
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LINDSAY CORPORATION, a
Delaware corporation, and DOES
1 through 10, inclusive,
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Defendant.
/
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----oo0oo---Plaintiff GCube Insurance Services, Inc. (“GCube”)
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brought this action against defendant Lindsay Corporation, Inc.
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(“Lindsay”) arising out of defendant’s provision of A-frame
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supports for a Solar Steam Generation array (“SSG array”).
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Presently before the court is defendant’s motion pursuant to
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Federal Rule of Civil Procedure 14(a) for leave to file a third-
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party complaint against Areva Solar, Inc., Ausra CA I, LLC, now
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known as Areva Solar CA I, LLC, Special Services Contractors,
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Inc., Lloyd W. Aubry Co., Inc., Material Integrity Solutions,
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Inc., and Zoes one through fifty.
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opposes the motion as to parties Areva Solar, Inc. and Areva
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Solar CA I, LLC.
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(Docket No. 14.)
Plaintiff
(Docket No. 15.)
Federal Rule of Civil Procedure 14(a) provides in
pertinent part:
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A defending party may, as third-party plaintiff, serve a
summons and complaint on a nonparty who is or may be
liable to it for all or part of the claim against it.
But the third-party plaintiff must, by motion, obtain the
court’s leave if it files the third-party complaint more
than 10 days after serving its original answer.
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Fed. R. Civ. Pro. 14(a).
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third-party defendant is addressed to the sound discretion of the
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trial court.”
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769, 777 (9th Cir. 1986).
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“The decision whether to implead a
Sw. Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d
Defendant argues that for several reasons the third-
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party complaint will be futile and/or unnecessary.
The preferred
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procedure for litigating these questions, however, is to allow
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the third-party complaint to be filed and to permit the third-
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party defendants to raise those questions in the context of a
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motion to dismiss, motion for summary judgment, or other
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appropriate procedural vehicle.
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motion for leave to file a third-party complaint as to all
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requested parties without prejudice to the right of those parties
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to bringing any appropriate motion raising the issues plaintiff
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has sought to raise in its opposition to defendant’s request.
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///
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///
The court will grant defendant’s
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IT IS THEREFORE ORDERED that defendant’s motion for
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leave to file a third-party complaint be, and the same hereby, is
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GRANTED.
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DATED:
February 27, 2013
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