Ledesma et al v. Brahmer et al

Filing 64

ORDER granting 52 Motion to Strike Third-Party Petition. Osorio's Third-Party Petition (Filing No. 50 ) is hereby stricken. Ordered by Magistrate Judge Thomas D. Thalken. (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ANTONIO LEDESMA, as personal
representative for the estate of
Maria Ledesma (deceased) and as
legal guardian of Nancy Osorio (a
minor),
Plaintiff,

8:13CV310

ORDER

vs.
RICHARD BRAHMER, d/b/a
Brahmer Trucking,
Defendant and
Cross-Claimant,
vs.
RICARDO OSORIO TORRES,
Defendant, CrossClaim Defendant.
Third-Party
Plaintiff.
This matter is before the court on the defendant and cross-claimant’s, Richard
Brahmer (Brahmer), Motion to Strike Third-Party Petition (Filing No. 52). Brahmer filed
a brief (Filing No. 53) in support of the motion. Ricardo Osorio Torres (Osorio), the
defendant, cross-claim defendant, and third-party plaintiff, filed a brief (Filing No. 63) in
response. Brahmer seeks to strike Osorio’s Third-Party Petition (Filing No. 50), which
names John Doe, an unidentified driver, because it is improper under Iowa law. See
Filing No. 53 - Brief. Osorio states he does not object to this court striking the ThirdParty Petition against John Doe. See Filing No. 63 - Response. Accordingly,
IT IS ORDERED:
1.
Brahmer’s Motion to Strike Third-Party Petition (Filing No. 52) is granted.
2.
Osorio Third-Party Petition (Filing No. 50) is hereby stricken.
Dated this 18th day of February, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge