Shore v. Diamond Tool & Abrasives Inc.

Filing 33

ORDER granting 31 Motion to Alter/Amend/Supplement Pleadings (Written Opinion). Signed by Magistrate Judge Tony N. Leung on 8/1/2018. (EB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Jon Shore,

Case No. 17-cv-4929 (DSD/TNL)
Plaintiff,

v.
Diamond Tool & Abrasives, Inc., and
Defendant/Cross Claimant,
Gulf States Abrasives Manufacturing, LLC,
Defendant/Cross Defendant/
Third-Party Plaintiff,
v.
DJC Holdings, LLC, and
Prospect Foundry LLC,
Third-Party Defendants.

ORDER ON JOINT STIPULATION FOR LEAVE TO BRING
THIRD-PARTY COMPLAINT

WHEREAS, on July 31, 2018, the parties filed a Joint Stipulation for Leave to
Bring Third-Party Complaint (ECF No. 31), stating the purpose of which is to allow
Defendant/Cross Claimant Diamond Tool & Abrasives, Inc. “to bring a direct claim . . .
against [recently added Third-Party Defendants] DJC Holdings, LLC, and Prospect
Foundry, LLC, the owner of the employer and facility, where Plaintiff was allegedly

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injured, who trained and supervised the Plaintiff as well as owned and maintained the
equipment being used at the time Plaintiff sustained injury”; and
WHEREAS, on the same day, Defendant/Cross Claimant Diamond Tool &
Abrasives, Inc., provided the Court with a copy of its proposed third-party complaint via
e-mail;
Having reviewed the proposed third-party complaint, IT IS HEREBY ORDERED
that the parties’ Joint Stipulation for Leave to Bring Third-Party Complaint (ECF No. 31)
is GRANTED. Defendant/Cross Claimant Diamond Tool & Abrasives, Inc., shall serve
and file a third-party summons and third-party complaint in substantially the same form as
was provided to the Court within 10 days of the date of this Order.

Date: August

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, 2018

s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota

Shore v. Diamond Tool & Abrasives, Inc.
et al.
Case No. 17-cv-4929 (DSD/TNL)

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