Carolina Casualty Insurance Company v. Oahu Air Conditioning Service, Inc. et al

Filing 132

ORDER signed by Senior Judge William B. Shubb on 4/27/2015 GRANTING 127 Oahu Air Condition Service, Inc.'s (OAC) Motion to Amend Third Party Complaint. OAC shall file its amended third-party complaint within three days of the date of this Order. (Kirksey Smith, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
----oo0oo----

11
12
13

CAROLINA CASUALTY INSURANCE
COMPANY,
Plaintiff,

14
15
16
17
18

CIV. NO. 2:13-01378 WBS AC
ORDER

v.
OAHU AIR CONDITIONING
SERVICE, INC. dba OAHU AIR
CONDITIONING CO., PACIFIC
COMMERICAL SERVICES, LLC.,
MATSON NAVIGATION COMPANY,
INC., and DOES 1 through 100,

19

Defendants.

20
21

AND RELATED THIRD-PARTY AND
COUNTER CLAIMS.

22
23

----oo0oo----

24
25

Defendant and third-party plaintiff Oahu Air

26

Conditioning Service, Inc. (“OAC”) seeks leave of court to amend

27

its third-party complaint to name additional third-party

28

defendants.

Plaintiff filed a statement of non-opposition to
1

1

OAC’s motion to amend, (Docket No. 131), and none of the

2

remaining parties in this matter opposed the motion, (see Oahu’s

3

Mot. at 2:22-23 (Docket No. 123) (“OAC understands that none of

4

the current parties in the litigation oppose OAC’s motion

5

to amend its third-party complaint.”).

6

Having read OAC’s brief and in light of the absence of

7

any opposition to its motion, the court concludes that oral

8

argument is unnecessary.

9

hearing set for May 4, 2015 and take the matter under submission

10

The court will therefore vacate the

pursuant to Eastern District Local Rule 230(g).

11

OAC represents that it now seeks leave to amend because

12

its discovery and investigation has identified other generators

13

that allegedly caused or contributed to the environmental

14

contamination giving rise to plaintiff’s response costs.

15

nothing suggests that OAC was not diligent in seeking leave to

16

amend and the trial is not set to commence until one year from

17

now, the court finds good cause under Fed. R. Civ. P. 16(b) to

18

grant OAC’s unopposed motion to amend its third-party complaint.

19

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607–08

20

(9th Cir. 1992).

21

Because

IT IS THEREFORE ORDERED that OAC’s motion for leave to

22

file an amended third-party complaint be, and the same hereby is,

23

GRANTED.

24

three days of the date of this Order.

25

Dated:

OAC shall file its amended third-party complaint within

April 27, 2015

26
27
28
2