Turan v. Edgar et al

Filing 24

MINUTE ORDER denying 20 Motion to Strike Defendants' NonpartyDesignations by Magistrate Judge Michael J. Watanabe on 12/16/13.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-01827-LTB-MJW
CHANTAE TURAN,
Plaintiff,
v.
ROBERT EDGAR and
DOUG ANDRUS DISTRIBUTING, LLC, a foreign limited liability company authorized to
do business in the State of Idaho,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion to Strike Defendants’ Nonparty
Designations of Serafin Auto Sales, Unknown Company and Individual(s) Who did
Retread on Andrus Tractor, Unknown Company and Individual(s) Who Manufactured
Retread on Andrus Tractor, and Unknown Individual(s) Who were Driving on Interstate
25 (docket no. 20) is DENIED.
It is FURTHER ORDERED that defendants shall have up to and including March
17, 2014 to supplement their non-party designations.
In the subject motion (docket no. 20), plaintiff moves to strike the designation of
nonparties arguing that defendants’ designation of non-parties is not in compliance with
§13-21-111.5(3)(b), C.R.S., and further argues that such designation must contain proof
of liability by the non-parties. Here, I find that the purpose of a non-party designation is
to provide plaintiff notice of defendants’ intent to place liability on a third-party. “At the
very least, the designation must set forth facts sufficient to permit a plaintiff to identify
the transaction or occurrence which purportedly leads to the non-party’s fault.” Bunting
v. Preferred Homecare, 2013 U.S. Dist. LEXIS 33949 (D. Colo. Mar. 12, 2013) (quoting
Resolution Trust Corp. v. Deloitte & Touche, 818 F. Supp. 1406, 1409 (D. Colo. 1993)).
I further find that defendants’ designation of Serafin Auto Sales provides full notice of
the occurrence giving rise to non-party liability and complies with the requirements of
§13-21-111.5(3)(b), C.R.S. Moreover, I find that defendants’ designations of the
Unknown Installer and the Unknown Manufacturer of the retread are proper based on
the information currently available to the parties noting that the discovery cut-off date is
July 13, 2014, and the parties have just begun the discovery portion of this case.

Lastly, I find that defendants should be given additional time to supplement their nonparty designations noting that we are at the early stages of
discovery in this case.
Date: December 16, 2013