Hernandez v. F & F Properties, LLC et al

Filing 35

ORDER - F&F's Motion and Amended Motion for Leave to File Third-Party Complaint (Filing Nos. 32 , 33 ) are denied. Ordered by Magistrate Judge Susan M. Bazis. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GLORIA HERNANDEZ,
Plaintiff,

8:16CV523

vs.
ORDER
F & F PROPERTIES, LLC, and XHEVDET
GASHI,
Defendants.
On April 14, 2017, F&F Properties, LLC (“F&F”) filed a “Third-Party Complaint”
against Defendant Xhevdet Gashi. (Filing No. 27.) On April 18, 2017, this Court struck the
Third-Party Complaint because (1) a Third-Party Complaint can only be filed against a nonparty
to the suit under Fed. R. Civ. P. 14, (2) F&F has not filed an answer and (3) F&F did not seek
leave to file the Third-Party Complaint. (Filing No. 30.)

F&F has now filed a motion seeking leave to file a third-party complaint. (Filing Nos.
32, 33.) F&F again seeks to file a third-party complaint against Xhevdet Gashi. However, as
F&F was previously informed, Xhevdet Gashi is already a named defendant in this suit and,
therefore, a third-party complaint is improper under Fed. R. Civ. P. 14. In addition, F&F has still
not filed an answer.
IT IS THEREFORE ORDERED that F&F’s Motion and Amended Motion for Leave to
File Third-Party Complaint (Filing Nos. 32, 33) are denied.
Dated this 20th day of April, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge