Transfair North America International Freight Services Inc. v. HIT, Inc. et al

Filing 44

MEMORANDUM AND ORDER granting 43 Motion to Allow Third-Party Complaint filed by Defendants Chinook Wood, LLC, Black Hills Molding, Inc., and Gary D. Mallams. Defendants shall file and serve their Third-Party Complaint on Cory Betts within ten (10) days of the date of this Order. The following Scheduling Order deadlines are amended to allow for the inclusion of a Third-Party Defendant: discovery to be completed by 10/14/2014; proposed pretrial order due by 11/3/2014; te lephone pretrial conference on 11/10/2014 at 10:00 AM; dispositive motions due by 12/9/2014. COUNSEL WHO PLAN TO PARTICIPATE IN THE PRETRIAL CONFERENCE WILL CALL 913-735-2279 for the conference. Please do not call more than five minutes prior to the scheduled time. Signed by Magistrate Judge Teresa J. James on 07/31/2014. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
TRANSFAIR NORTH AMERICA
INTERNATIONAL FREIGHT
SERVICES, INC.,

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Plaintiff,
v.
HIT, Inc., et al.,
Defendants.

CIVIL ACTION
No. 13-1429-EFM-TJJ

ORDER
This matter is before the Court on the Motion to Allow Third-Party Complaint filed by
Defendants Chinook Wood, LLC, Black Hills Molding, Inc., and Gary D. Mallams (“Moving
Defendants”) (ECF No. 43). Moving Defendants seek leave to file a Third-Party Complaint
against Cory Betts. According to the motion, Plaintiff and the remaining Defendants1 do not
oppose the motion. The Court finds that Moving Defendants have sufficiently alleged that Cory
Betts is or may be liable to them for all or part of the claims against them. Accordingly, pursuant
to Fed. R. Civ. P. 14(a)(1), the Court finds that leave should be granted.
Moving Defendants also seek an extension of the current deadlines to allow for the
inclusion of a Third-Party Defendant. The Court hereby extends the following deadlines
contained in the Scheduling Order (ECF No. 34).

Event
All discovery completed

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Deadline/Setting
10/14/2014

The remaining Defendants are HIT, Inc. and Forest Products Distributors, Inc. See ECF
Nos. 1-6, 23.

Event

Deadline/Setting

Proposed pretrial order due

11/3/2014

Telephone pretrial conference

11/10/2014 at 10:00 AM

All other potentially dispositive motions (e.g., summary
judgment), and motions challenging admissibility of expert
testimony

12/9/2014

IT IS THEREFORE ORDERED THAT the Motion to Allow Third-Party Complaint
filed by Defendants Chinook Wood, LLC, Black Hills Molding, Inc., and Gary D. Mallams (ECF
No. 43) is GRANTED. Moving Defendants shall file and serve their Third-Party Complaint on
Cory Betts within ten (10) days of the date of this Order.
Dated this 31st day of July, 2014 in Kansas City, Kansas.

s/ Teresa J. James
Teresa J. James
United States Magistrate Judge

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