Joe Hand Promotions, Inc. v. Davis

Filing 50

AMENDED 46 ORDER GRANTING 43 MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT. Signed by Judge Claudia Wilken on 12/4/2012. (ndr, COURT STAFF) (Filed on 12/4/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 JOE HAND PRODUCTIONS, INC., 5 No. C 11-6166 CW Plaintiff, 6 v. 7 BILL DAVIS, 8 Defendant. ________________________________/ 9 10 United States District Court For the Northern District of California AMENDED ORDER GRANTING MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT (Docket No. 43) Defendant Bill Davis moves for leave to file a third-party 11 complaint against Dish Network L.L.C. pursuant to Federal Rule of 12 Civil Procedure 14(a). 13 not filed an opposition. 14 submission on the papers and now grants the motion. 15 Plaintiff Joe Hand Productions, Inc. has The Court took the matter under BACKGROUND 16 Plaintiff brings this action against Defendant for 17 conversion, violations of 47 U.S.C. §§ 553 and 605, and violations 18 of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. 19 Code § 17200 et seq. 20 41. 21 nationwide commercial distribution rights to Ultimate Fighting 22 Championship 124: Georges St. Pierre vs. Josh Koscheck, which was 23 telecast nationwide on December 11, 2010. 24 further alleges that Defendant unlawfully intercepted the program 25 and showed it at his commercial establishment, West Coast Cigars. 26 Id. ¶¶ 11, 17. 27 28 Docket No. 8, First Am. Compl. (1AC) ¶¶ 13- Plaintiff alleges that it was granted the exclusive Id. ¶ 14. Plaintiff On May 29, 2012, Defendant filed a third-party complaint against DirecTV. Docket No. 27. Three months later, however, he 1 moved to dismiss the complaint voluntarily against DirecTV after 2 he realized that “the correct third-party defendant should have 3 been identified as Dish Network.” 4 month, on October 15, 2012, he filed this motion for leave to file 5 a third-party complaint against Dish Network. Docket No. 37, at 1. The next 6 LEGAL STANDARD 7 “A defending party may, as third-party plaintiff, serve a 8 summons and complaint on a nonparty who is or may be liable to it 9 for all or part of the claim against it.” Fed. R. Civ. United States District Court For the Northern District of California 10 P. 14(a)(1). 11 complaint within fourteen days of its original answer, it must 12 first obtain leave from the court to file the complaint. 13 If the defendant does not file the third-party Id. “The decision whether to implead a third-party defendant is 14 addressed to the sound discretion of the trial court.” 15 Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 16 1986). 17 considers several factors, including “(1) prejudice to the 18 original plaintiff; (2) complication of issues at trial; 19 (3) likelihood of trial delay; and (4) timeliness of the motion to 20 implead.” 21 *8 (N.D. Cal.). 22 implead a third party is “to promote judicial efficiency by 23 eliminating the necessity for the defendant to bring a separate 24 action against a third individual who may be secondarily or 25 derivatively liable to the defendant for all or part of the 26 plaintiff’s original claim.” Southwest In exercising this discretion, the court typically Green Valley Corp. v. Cado Oil Co., 2011 WL 1465883, at The court’s central purpose in granting leave to Southwest Adm’rs, 791 F.2d at 777. 27 28 2 1 2 DISCUSSION Defendant seeks to implead as third-party defendant his 3 satellite television provider, Dish Network, which he alleges 4 knowingly provided his business with unlawful services. 5 he seeks to file a third-party complaint more than fourteen days 6 after filing his answer, Defendant must obtain leave of the court. 7 Fed. R. Civ. P. 14(a). 8 9 Because Defendant’s proposed third-party complaint asserts claims of negligent misrepresentation, breach of contract, UCL violations, United States District Court For the Northern District of California 10 and negligence against Dish Network. 11 that Dish Network wrongfully provided West Coast Cigars with 12 access to the television program that serves as the basis for 13 Plaintiff’s lawsuit against him. 14 both timely and unopposed, the Court finds that the addition of a 15 third-party defendant would not undermine the Court’s current 16 schedule or substantially prejudice Plaintiff. 17 scheduling order, the parties still have six more months to take 18 fact discovery and nearly a full year before trial is set to 19 begin. 20 with ample opportunity to respond to the addition of Dish Network 21 as a party. 22 23 Docket No. 24, at 1. Specifically, he contends Because Defendant’s motion is Under the current This timeline provides Plaintiff CONCLUSION For the reasons set forth above, the Court GRANTS Defendant’s 24 motion for leave to file a third-party complaint (Docket No. 43). 25 Defendant shall file the complaint within one day of this order 26 and serve it on Dish Network within two weeks. 27 Defendant shall meet and confer with Dish Network as soon as 28 3 In addition, 1 possible, and seek its stipulation to adhere to the schedule set 2 forth in the Court’s May 14, 2012 order. 3 IT IS SO ORDERED. 4 5 6 Dated: 12/4/2012 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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