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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOE HAND PRODUCTIONS, INC.,

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No. C 11-6166 CW

Plaintiff,

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v.

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BILL DAVIS,

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Defendant.
________________________________/

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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

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complaint against Dish Network L.L.C. pursuant to Federal Rule of

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Civil Procedure 14(a).

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not filed an opposition.

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submission on the papers and now grants the motion.

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Plaintiff Joe Hand Productions, Inc. has
The Court took the matter under

BACKGROUND

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Plaintiff brings this action against Defendant for

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conversion, violations of 47 U.S.C. §§ 553 and 605, and violations

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of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof.

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Code § 17200 et seq.

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41.

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nationwide commercial distribution rights to Ultimate Fighting

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Championship 124: Georges St. Pierre vs. Josh Koscheck, which was

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telecast nationwide on December 11, 2010.

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further alleges that Defendant unlawfully intercepted the program

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and showed it at his commercial establishment, West Coast Cigars.

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Id. ¶¶ 11, 17.

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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

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moved to dismiss the complaint voluntarily against DirecTV after

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he realized that “the correct third-party defendant should have

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been identified as Dish Network.”

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month, on October 15, 2012, he filed this motion for leave to file

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a third-party complaint against Dish Network.

Docket No. 37, at 1.

The next

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LEGAL STANDARD

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“A defending party may, as third-party plaintiff, serve a

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summons and complaint on a nonparty who is or may be liable to it

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for all or part of the claim against it.”

Fed. R. Civ.

United States District Court
For the Northern District of California

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P. 14(a)(1).

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complaint within fourteen days of its original answer, it must

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first obtain leave from the court to file the complaint.

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If the defendant does not file the third-party

Id.

“The decision whether to implead a third-party defendant is

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addressed to the sound discretion of the trial court.”

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Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir.

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1986).

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considers several factors, including “(1) prejudice to the

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original plaintiff; (2) complication of issues at trial;

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(3) likelihood of trial delay; and (4) timeliness of the motion to

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implead.”

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*8 (N.D. Cal.).

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implead a third party is “to promote judicial efficiency by

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eliminating the necessity for the defendant to bring a separate

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action against a third individual who may be secondarily or

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derivatively liable to the defendant for all or part of the

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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.

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DISCUSSION
Defendant seeks to implead as third-party defendant his

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satellite television provider, Dish Network, which he alleges

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knowingly provided his business with unlawful services.

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he seeks to file a third-party complaint more than fourteen days

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after filing his answer, Defendant must obtain leave of the court.

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Fed. R. Civ. P. 14(a).

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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

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and negligence against Dish Network.

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that Dish Network wrongfully provided West Coast Cigars with

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access to the television program that serves as the basis for

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Plaintiff’s lawsuit against him.

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both timely and unopposed, the Court finds that the addition of a

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third-party defendant would not undermine the Court’s current

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schedule or substantially prejudice Plaintiff.

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scheduling order, the parties still have six more months to take

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fact discovery and nearly a full year before trial is set to

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begin.

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with ample opportunity to respond to the addition of Dish Network

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as a party.

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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

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motion for leave to file a third-party complaint (Docket No. 43).

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Defendant shall file the complaint within one day of this order

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and serve it on Dish Network within two weeks.

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Defendant shall meet and confer with Dish Network as soon as

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In addition,

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possible, and seek its stipulation to adhere to the schedule set

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forth in the Court’s May 14, 2012 order.

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IT IS SO ORDERED.

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Dated: 12/4/2012

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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