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)

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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

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