Mueller v. 84 Lumber Company, Limited Partnership

Filing 16

MEMORANDUM OPINION & ORDER granting 13 Motion for Leave to File a Third-Party Complaint. The Clerk is directed to file the third-party complaint as a new docket entry and issue summons. Signed by Magistrate Judge Colin H. Lindsay on 8/18/2016. cc: Counsel (JBM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:15-CV-838-JHM-CHL

JOE MUELLER,

Plaintiff,

v.
84 LUMBER COMPANY, LIMITED PARTNERSHIP,

Defendant.

MEMORANDUM OPINION AND ORDER
Defendant 84 Lumber Company, Limited Partnership (“Defendant”) has filed a motion
for leave to file a third-party complaint (DN 13). Plaintiff Joe Mueller (“Plaintiff”) has not filed
a response. See LR 7.1(c) (“Failure to timely respond to a motion may be grounds for granting
the motion.”). The motion is ripe for review.
Pursuant to Rule 14 of the Federal Rules of Civil Procedure, a defendant “may, as a thirdparty plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all
or part of the claim against it.” Fed. R. Civ. P. 14(a)(1). A defendant must move for leave of
court to file a third-party complaint if more than 14 days have elapsed since the defendant served
its answer. Id. As more than 14 days have elapsed since Defendant filed its answer to Plaintiff’s
complaint in state court, Defendant has sought the Court’s permission to file a third-party
complaint.
Defendant seeks to file a third-party complaint against BLS Trucking Company (“BLS
Trucking”), Plaintiff’s alleged employer at the time of the incident that underlies this case.
Defendant avers that its third-party complaint arises from the subject matter of this action and
that BLS Trucking may be liable for all or part of the claims made by Plaintiff against
Defendant. (See DN 13.) Defendant has filed a proposed third-party complaint and summons.

(DN 13-1, 13-3.) The Court has reviewed the proposed third-party complaint and finds that it is
proper under Rule 14. Defendant clearly alleges that BLS Trucking is liable for the claims
asserted by Plaintiff against Defendant. (See generally DN 13-1.) Plaintiff apparently does not
oppose the filing of the third-party complaint.

Accordingly, IT IS HEREBY ORDERED that Defendant’s motion for leave to file a
third-party complaint (DN 13) is GRANTED.

The Clerk of Court is directed to file the

proposed third-party complaint (DN 13-1) as a new docket entry and to issue summons (DN 133) thereon.
April 18, 2016

cc: Counsel of record

Colin Lindsay, MagistrateJudge
United States District Court