Gricelda Gamboa et al v. U S A Cycling Inc et al

Filing 53

ORDER that 37 Motion for Leave to File Third-Party Complaint is GRANTED. Defendant shall file the proposed third-party complaint within 14 days of entry of this order. Signed by Judge James C. Mahan on 9/10/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GRICELDA GAMBOA, et al.,

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2:13-CV-598 JCM (PAL)

Plaintiff(s),
v.
U.S.A. CYCLING, INC., et al.,

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Defendant(s).
ORDER

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Presently before the court is s motion for leave to file third-party complaint by defendants

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U.S.A. Cycling, Inc., USA Cycling Development Foundation, Michael L. Olsen, and MLO

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Enterprises, LLC. (Doc. #37). Plaintiffs did not file an opposition.

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The defendants seek to file a third-party complaint which will assert claims for indemnity and
contribution against “Ronald Miller.” (Doc. #37).

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Pursuant to Federal Rule of Civil Procedure 14(a)(1), a defending party may serve a

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summons and complaint on a non-party who is or may be liable to it for all or part of the claim

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against it. FED. R. CIV. P. 14(a)(1). However, “the third-party plaintiff must, by motion, obtain the

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court’s leave if it files the third-party complaint more than 14 days after serving its original answer.”

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Id. The purpose of this rule is “to promote judicial efficiency by eliminating the necessity for the

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defendant to bring a separate action against a third individual who may be secondarily or derivatively

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liable to the defendant for all or part of the plaintiff’s original claim.” Southwest Administrators,

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Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 1986). The decision whether to implead a

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James C. Mahan
U.S. District Judge

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third-party defendant is at the sound discretion of the trial court. Id.

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Good cause appearing, and there being no opposition,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants’ motion for

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leave to file third-party complaint (doc. #37) be, and the same hereby is, GRANTED. Defendant

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shall file the proposed third-party complaint within 14 days of entry of this order.

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DATED September 10, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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