S. et al v. Lorilee I, LLC et al

Filing 82

Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, the court, upon de novo review, hereby ADOPTS the Report and Recommendation in its entirety. (Dkt. No. 79 .) As a result, Plaintiffs, HAP Community Housing Services, Inc.s, and Gandara Mental Health Center, Inc.s 26 , 38 ,and 60 motions are GRANTED and Defendants third-party complaint is hereby DISMISSED. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
G.S.,
Plaintiff,
v.
LORILEE I, LLC, et al.,
Defendants,
v.
HAP COMMUNITY HOUSING SERVICES
INC., et al.
Third-Party Defendants.

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Civil Action No. 15-30203-MGM

MEMORANDUM AND ORDER RE: REPORT AND RECOMMENDATION
ON PLAINTIFF’S MOTION TO STRIKE, THRID PARTY DEFENDANT HAP
COMMUNITY HOUSING SERVICES, INC.’S MOTION TO STRIKE, AND
THRID PARTY DEFENDANT GANDARA MENTAL HEALTH
CENTER, INC.’S MOTION TO DISMISS DEFENDANTS’ THIRD
PARTY COMPLAINT
(Dkt. Nos. 26, 38, 60, and 79)
December 2, 2016

MASTROIANNI, U.S.D.J.
Magistrate Judge Katherine A. Robertson has issued a Report and Recommendation
concluding that Defendants’ third-party complaint is improper under Fed. R. Civ. P. 14(a). Judge
Robertson therefore recommends that the motions to strike filed by Plaintiff (Dkt. No. 26) and
third-party Defendant HAP Community Housing Services, Inc. (Dkt. No. 38) and the motion to
dismiss filed by third-party Defendant Gandara Mental Health Center, Inc. (Dkt. No. 60) be granted
and Defendant’s third-party complaint (Dkt. No. 23) be dismissed. As Judge Robertson explained,
impleader under Rule 14(a) is not appropriate unless the third-party’s liability is dependent on the

outcome of the main claim and, here, there is no dependent relationship between the outcome of
Plaintiff’s discrimination claims and Defendants’ third-party claims. The Report and
Recommendation notified Defendants that they had fourteen days to file an objection. No objection
has been filed.
Based upon the comprehensive and well-reasoned analysis presented in the Report and
Recommendation, and noting there are no objections, the court, upon de novo review, hereby
ADOPTS the Report and Recommendation in its entirety. (Dkt. No. 79.) As a result, Plaintiff’s,
HAP Community Housing Services, Inc.’s, and Gandara Mental Health Center, Inc.’s motions are
GRANTED and Defendant’s third-party complaint is hereby DISMISSED.
It is So Ordered.
_/s/ Mark G. Mastroianni________
MARK G. MASTROIANNI
United States District Judge

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