Driver v. Pape Kenworth et al

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 6/11/19 PERMITTING PAPE to add third-party defendant and to file the third-party complaint. (Coll, A)

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CHARLES S. PAINTER (SBN 89045)
[e-mail]
REBECCA L. MENENDEZ (SBN 262487)
[e-mail]
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825-8201
[phone] Telephone
[phone] Facsimile

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Attorneys for Defendant, PAPÉ TRUCKS, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROGER DRIVER,

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Plaintiff,

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vs.

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PAPÉ KENWORTH; THE PAPÉ GROUP,
INC.; PAPÉ TRUCKS, INC.; PAPÉ
TRUCK LEASING, INC.; PAPÉ
PROPERTIES, INC.; PAPÉ MATERIAL
HANDLING, INC.; PAPÉ MACHINERY
HANDLING, INC.; ENGINEERED
PRODUCTS, A PAPÉ COMPANY ; PAPÉ
D.W., INC.; and DOES 1-100

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Defendants.

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Case No.: 2:17-CV-01968- KJN
DEFENDANT PAPÉ TRUCKS, INC.’S
STIPULATION & ORDER FOR LEAVE
TO FILE THIRD PARTY COMPLAINT

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1.

WHEREAS Federal Rule of Civil Procedure, Rule 14 allows a defendant to add

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a Third-Party Defendant anytime by leave of court or by written consent of the adverse party,

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such leave shall be freely given where justice so requires.

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2.

WHEREAS Plaintiff, ROGER DRIVER filed a Complaint against Defendant

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PAPÉ, a copy of which is attached hereto as Exhibit “A.” PAPÉ answered the complaint on

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December 18, 2017. Thereafter, it was determined that a third party action existed against Jomar

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Investments, Inc. dba New Life Transport Parts Center (hereinafter known as “New Life”). That

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DEFENDANT’S STIPULATION & ORDER FOR LEAVE TO FILE THIRD PARTY COMPLAINT
17-089/PLEADING.012
- 1 CSP:RLM:ess

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is the company whose load Plaintiff was unloading when he was injured. It will be alleged that
they negligently loaded the truck, making unloading unsafe to Plaintiff and others.
3.

WHEREAS accordingly, in order to bring all parties necessary for a full

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adjudication, it is necessary for PAPÉ to formally assert its Third-Party Complaint for indemnity

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and contribution against NEW LIFE for those damages alleged by Plaintiff, ROGER DRIVER.

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4.

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Plaintiff.

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5.

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WHEREAS as mentioned, NEW LIFE loaded the trailer that caused injury to

WHEREAS PAPÉ has denied liability to the Plaintiff, but asserts that if held

liable to Plaintiff, PAPÉ is entitled to indemnification and/or contribution for NEW LIFE’S
negligence contributing to the loss alleged in the original Complaint.
6.

WHEREAS Third-Party Plaintiff is entitled to indemnity and/or contribution

from Third-Party Defendants for Third-Party Defendants’ acts including:
As to NEW LIFE :
a.

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trailer;
b.

negligent supervision and oversight of its employees when loading a
trailer; and

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negligence in training its employees in the proper and safe loading of a

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negligent loading of the subject trailer.

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WHEREFORE, Defendant and Plaintiff request the Court enter an ORDER allowing

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PAPÉ to Add Third-Party Defendant and permit the filing of the Third-Party Complaint as

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attached as Exhibit B.

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IT IS SO STIPULATED:
DATED: June 5, 2019
ERICKSEN ARBUTHNOT

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/S/ Rebecca L. Menendez
By
CHARLES S. PAINTER
REBECCA L. MENENDEZ
Attorneys for Defendant,
PAPÉ TRUCKS, INC.

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DEFENDANT’S STIPULATION & ORDER FOR LEAVE TO FILE THIRD PARTY COMPLAINT
17-089/PLEADING.012
- 2 CSP:RLM:ess

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DATED: June 4, 2019
CUTTER LAW P.C.

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/S/ Celine E. Cutter
By

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C. BROOKS CUTTER
CELINE E. CUTTER
Attorneys for Plaintiff, ROGER DRIVER.

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ORDER

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Based on the stipulation of the parties, and on good cause appearing, the Court enters the

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foregoing ORDER permitting PAPÉ to Add Third-Party Defendant and permit the filing of the

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Third-Party Complaint.

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IT IS SO ORDERED.
Dated: June 11, 2019

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DEFENDANT’S STIPULATION & ORDER FOR LEAVE TO FILE THIRD PARTY COMPLAINT
17-089/PLEADING.012
- 3 CSP:RLM:ess