Gcube Insurance Services, Inc. v. Lindsay Corporation

Filing 20

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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