Emmons v. Bridgestone Americas, Inc. et al

Filing 116

MEMORANDUM AND ORDER..GRANTING re: 105 Joint MOTION for Leave to File Third Party Complaint filed by Defendant Hayes Lemmerz International, Inc., Defendant Goodyear Tire & Rubber Company, The, 107 MOTION for Leave to file third-party complaint fil ed by Defendant Bridgestone Americas, Inc., Defendant Bridgestone Americas Tire Operations, LLC motion is granted IT IS FURTHER ORDERED that the Case Management Order entered in this case is VACATED.-'( Rule 16 Conference set for 9/19/2011 09:30 AM in In Chambers before Honorable Rodney W. Sippelin Cape Girardeau.). Signed by Honorable Rodney W. Sippel on 7/7/11. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GARY EMMONS,
and
DEBORAH EMMONS,
Plaintiffs,
vs.
BRIDGESTONE AMERICAS TIRE
OPERATIONS, LLC., et al.,
Defendants.

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Case No. 1:10 CV 41 RWS

MEMORANDUM AND ORDER
Plaintiffs filed this lawsuit alleging Mr. Emmons was severely injured when a multi-piece
wheel that was attached to his truck exploded while he was tightening a lug nut. This matter is
before me on Defendants Goodyear Tire & Rubber Company and Hayes Lemmerz International,
Inc.’s Motion for Leave to File Third Party Complaint [#105] and Defendants Bridgestone
Americas Tire Operations, LLC and Bridgestone Americas, Inc.’s Motion for Leave to File Third
Party Complaint [#107]. Defendants seek to leave to file a third party complaint against Emmons
Sawmill, LLC, Mr. Emmons’ employer at the time he sustained the injuries. Defendants seek to
assert claims of indemnification and contribution against Emmons Sawmill and filed their motions
within the June 1, 2011 deadline for joinder of parties set out in the Case Management Order
[#90].
Plaintiffs filed response in opposition to Defendants’ Motions asserting leave should not be
granted. Plaintiffs argue I do not have subject matter jurisdiction over the claims Defendants seek
to assert against Emmons Sawmill because Workers’ Compensation Law provides the exclusive

remedy against employers for covered injuries. Plaintiffs also argue I should not grant Defendants’
Motions because the claims Defendants seek to assert against Emmons Sawmill are contrary to
Missouri law. The defenses of lack of subject-matter jurisdiction and failure to state a claim upon
which relief can be granted would be more properly asserted in a motion by Emmons Sawmill
under Rule 12(b). As a result, I will not reach the merits of Plaintiffs’ arguments at this time and
will grant Defendants’ Motions for Leave to File a Third Party Claim [#105 and #107].
Accordingly,
IT IS HEREBY ORDERED that Defendants Goodyear Tire & Rubber Company and
Hayes Lemmerz International, Inc’s Motion for Leave to File Third Party Complaint [#105] and
Defendants Bridgestone Americas Tire Operations, LLC and Bridgestone Americas, Inc.’s Motion
for Leave to File Third Party Complaint [#107] are GRANTED.
IT IS FURTHER ORDERED that the Case Management Order entered in this case is
VACATED.
IT IS FURTHER ORDERED that an Amended Rule 16 Conference is set to be held on
Monday, September 19, 2011 at 9:30 a.m. in my chambers at the Rush Hudson Limbaugh, Sr.,
United States Courthouse, 555 Independence St., Cape Girardeau, Missouri 63701.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 7th day of July, 2011.

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