Maranon v. Santa Clara Stadium Authority et al
Filing
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ORDER GRANTING 29 MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT. Signed by Judge Beth Labson Freeman on 12/9/2016. (blflc2S, COURT STAFF) (Filed on 12/9/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ANTHONY MARANON,
Case No. 15-cv-04709-BLF
Plaintiff,
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v.
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SANTA CLARA STADIUM AUTHORITY,
et al.,
[Re: ECF 29]
Defendants.
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United States District Court
Northern District of California
ORDER GRANTING MOTION FOR
LEAVE TO FILE THIRD PARTY
COMPLAINT
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Before the Court is Defendants Santa Clara Stadium Authority (“Stadium Authority”), City
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of Santa Clara (“City”), and Forty Niners Stadium Management Company LLC (“Stadium
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Management”) (collectively, Defendants”)’s motion for leave to file a third party complaint
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against Turner/Devcon under Rule 14. Mot., ECF 28. The Stadium Authority owns, operates,
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and/or maintains Levi’s Stadium (“Stadium”). Compl. ¶ 2, ECF 1. The City owns the real
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property in and on which the Stadium is located and leases the Stadium to the Stadium Authority.
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Id. ¶ 3. The Stadium Management leases the Stadium from the Stadium Authority, maintains and
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operates the Stadium, and subleases the Stadium to third parties for various events, including the
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hockey game Maranon attended in 2015. Id. ¶ 4.
The time for filing an opposition has elapsed, and Plaintiff Anthony Maranon has not filed
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an opposition. The Court previously vacated the hearing on this matter pursuant to Civil L.R. 7-
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1(b). ECF 33. For the reasons discussed herein, the Court GRANTS Defendants’ motion.
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I.
BACKGROUND
Plaintiff asserts eight causes of action against Defendants: (1) violations of Title II of the
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Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131, et seq., against the Stadium
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Authority and the City; (2) violations of Title III of the ADA, 42 U.S.C. § 12181, et seq., against
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the Stadium Management; (3) violations of the California Unruh Civil Rights Act, Cal. Civ. Code
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§ 51, et seq., against all Defendants; (4) denial of full and equal access to public facilities against
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all Defendants; (5) negligence per se for regulatory and statutory violations against the Stadium
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Management; (6) negligence based on premises liability against the Stadium Management; (7)
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dangerous condition of public property against the Stadium Authority and the City; and (8) breach
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of statutory duty against the Stadium Authority and the City. See generally Compl.
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Maranon alleges that on or about February 21, 2015, he attended a San Jose Sharks hockey
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game at Levi’s Stadium with a friend. Id. ¶ 10. Maranon is a T5 paraplegic and uses a wheelchair
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for mobility. Id. ¶ 1. Near the end of the game, Maranon and his friend took an elevator to the
ground level in order to exit the Stadium. Id. ¶ 10. Maranon’s friend was pushing him in his
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United States District Court
Northern District of California
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wheelchair when the front wheel of his wheelchair became stuck in the openings of a drainage
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grate, causing him to be thrown to the ground and suffer injuries. Id.
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II.
LEGAL STANDARD
Rule 14(a) permits a defending party to implead a third party “who is or may be liable to it
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for all or part of the claim against it.” Fed. R. Civ. P. 14(a)(1). When, as is the case here, the
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third-party complaint is not asserted within 14 days of the filing of a defendant’s original answer,
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the decision to permit the third-party complaint is within the “sound discretion of the court.” Sw.
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Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 1986). In the exercise of this
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discretion, courts “balance the desire to avoid a circuitry of actions and to obtain consistent results
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against any prejudice that the plaintiff might suffer from complications of the case” by considering
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the following factors: (1) prejudice to the original plaintiff; (2) complication of issues at trial; (3)
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likelihood of trial delay; and (4) timeliness of the motion to implead. Irwin v. Mascott, 94 F.
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Supp. 2d 1052, 1056 (N.D. Cal. 2000) (quoting Somportex Ltd. v. Philadelphia Chewing Gum
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Corp., 453 F.2d 435, 439 n.6 (3d Cir. 1971)). The Court considers those factors here, keeping in
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mind that the purpose of Rule 14 is to promote judicial efficiency, and leave to file a third-party
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claim is liberally granted in furtherance of that policy. See J & J Sports Prods., Inc. v. Tolentino,
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No. 1:10-CV-02089-LJO, 2011 WL 5547144, at *2 (E.D. Cal. Nov. 14, 2011).
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III.
DISCUSSION
As an initial matter, Defendants ask the Court to take judicial notice of the complaint in
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this action. See Req. for Judicial Notice, ECF 28-2. Because all documents filed on the docket are
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properly before the Court, it need not take judicial notice of the complaint to consider it.
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Accordingly, Defendants’ request for judicial notice is DENIED.
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Defendants seek to implead as third-party defendant Turner/Devcon, who contracted with
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the Stadium Authority and Stadium Management to construct the Stadium. Mot. 3. Defendants
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assert that the contract between the parties contains an express indemnification provision running
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in favor of Defendants. Id. at 3–4. In addition, Defendants contend that some or all of the barriers
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alleged by Plaintiff, and therefore the alleged injuries resulting therefrom, were caused by
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Turner/Devcon. Id. at 3. Defendants’ proposed third-party complaint against Turner/Devcon
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United States District Court
Northern District of California
asserts claims of equitable indemnity and express contractual indemnity. See Ex. A to Conant
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Decl., ECF 28-1 (“Proposed Third Party Complaint”).
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The Court finds that granting Defendants leave to file the proposed third party complaint
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will not result in prejudice to Mr. Maranon, complicate issues at trial, or delay trial. The Court
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observes that this case is not yet set for trial, and discovery remains open. Although this motion
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was filed more than 10 months after the deadline to add parties, the Court finds the motion timely
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under the circumstances. Defendants first tendered this ADA claim to Turner/Devcon on August
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31, 2015. Conant Decl. ¶ 7, ECF 28-1. Turner/Devcon failed to formally respond to this tender.
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Id. Defendants sent follow up letters renewing the tender on March 16, 2016, and August 1, 2016.
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Id. ¶¶ 6–7. Turner/Devcon finally responded on August 4, 2016, but it did not accept the tender.
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Id. ¶ 8. Because Turner/Devcon did not accept the tender, Defendants filed the instant motion. Id.
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Furthermore, the addition of Turner/Devcon as a third party is unlikely to materially
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complicate the issues at trial nor, in light of the lack of any opposition from Plaintiff, will it
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substantially prejudice Plaintiff. See Joe Hands Prods., Inc. v. Davis, No. C 11-6166, 2012 WL
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6035538, at *2 (N.D. Cal. Dec. 4, 2012) (granting similar motion in similar circumstances).
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The Court accordingly GRANTS Defendants’ motion for leave to file a third party
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complaint. Defendants shall file the third-party complaint on or before December 15, 2016 and
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serve Turner/Devcon in accordance with the Federal Rules of Civil Procedure. Defendants shall
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also endeavor to meet and confer with Turner/Devcon and Plaintiff as soon as possible.
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IT IS SO ORDERED.
Dated: December 9, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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