Christensen v. Cotnoir et al

Filing 109

ORDER DENYING MOTION FOR LEAVE TO AMEND. Signed by Judge Jeffrey S. White on 2/11/14. (jjoS, COURT STAFF) (Filed on 2/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LILLIAN CHRISTENSEN,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-03864 JSW

v.
ORDER DENYING MOTION FOR
LEAVE TO AMEND

ROBERT E COTNOIR, et al.,

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Defendants.
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Now before the Court is the motion filed by Defendant and Third-party Plaintiff Robert

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E. Cotnoir (“Cotnoir”) for leave to amend his third-party complaint against Third-Party

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Defendant Kenneth Steven Lundie (“Lundie”). The Court determines that this matter is

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appropriate for disposition without oral argument and is deemed submitted. See Civ. L.R. 7-

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1(b). Accordingly, the hearing set for February 21, 2014 is HEREBY VACATED. Having

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carefully reviewed the parties’ papers and considering their arguments and the relevant

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authority, and good cause appearing, the Court hereby denies Cotnoir’s motion for leave to

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amend.
BACKGROUND

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On May 30, 2012, Cotnoir filed a third-party complaint against Lundie for

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indemnification of any liability of Cotnoir to Plaintiff Lilian Christensen on the wrongful death

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claims. Cotnoir now seeks leave to amend to add a claim for declaratory relief regarding the

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ownership of fishing permits.

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ANALYSIS

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Federal Rules of Civil Procedure 15(a) provides that leave to amend “shall be freely

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given.” See Fed. R. Civ. Proc. 15(a). Courts consider the following factors when determining

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whether a motion for leave to file an amended complaint should be granted: (1) bad faith; (2)

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undue delay; (3) prejudice to the opposing party; and (4) futility of amendment. DCD

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Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). However, each factor is not

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given equal weight. Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995). “Futility of

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amendment can, by itself, justify the denial of a motion for leave to amend.” Id.

declaratory relief claim to adjudicate the ownership of fishing permits. However, Federal Rule

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For the Northern District of California

Cotnoir seeks leave to amend his third-party complaint against Lundie to add a

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United States District Court

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of Civil Procedure Rule 14(a) authorizes impleader of a third-party defendant only when the

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“defendant is attempting to transfer to the third-party defendant the liability asserted against

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him by the original plaintiff.” Stewart v. Am. Int'l Oil & Gas Co., 845 F.2d 196, 200 (9th Cir.

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1988) (quotation marks and citation omitted). If the proposed third-party claim is not for

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indemnity, impleader is inappropriate, even if the alleged third-party claim arises from the same

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transaction or set of facts as the original claim. Here, Cotnoir has not shown that the alleged

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dispute regarding the ownership of the fishing permits arises out of the same transaction or

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occurrence of the wrongful death claims against Cotnoir. Moreover, this requested claim for

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declaratory relief is not for indemnity. Accordingly, it is not a permissible third-party claim.

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Granting leave to amend would be futile. Therefore, the Court DENIES the motion for leave to

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amend.

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IT IS SO ORDERED.

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Dated: February 11, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LILLIAN CHRISTENSEN,

Case Number: CV11-03864 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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Defendant.
For the Northern District of California

United States District Court

ROBERT E COTNOIR et al,
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
14 District Court, Northern District of California.
15 That on February 11, 2014, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
16 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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Ken Lundie
19 1753 NE Yaquina Heights Dr.
Newport, OR 97365-9568
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Dated: February 11, 2014
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk