Latham v. Tutor Perini Building Corp, et al
Filing
29
ORDER denying 25 Motion for Leave to File.; denying 26 Motion to Withdraw.; denying 27 Motion for Leave to File.; granting 28 Stipulation. Defendants shall file the third-partycomplaint by July 13, 2017, and shall serve it. Signed by Magistrate Judge Nancy J. Koppe on 7/6/2017. (Copies have been distributed pursuant to the NEF - JM)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
RITA LATHAM,
11
Plaintiff(s),
12
vs.
13
TUTOR PERINI BUILDING CORP., et al.,
14
Defendant(s).
15
)
)
)
)
)
)
)
)
)
)
Case No. 2:17-cv-00071-RFB-NJK
ORDER
(Docket Nos. 25, 26, 27, 28)
16
Pending before the Court are Defendants Tutor Perini Building Corporation’s and Tutor Perini
17
Corporation’s motion for leave to amend the answer and file a third-party complaint (Docket No. 25),
18
motion to withdraw that preceding motion (Docket No. 26), renewed motion for leave to file a third-
19
party complaint (Docket No. 27), and stipulation to file a third-party complaint (Docket No. 28). In light
20
of the parties’ stipulation, the Court hereby DENIES as moot the motions at Docket Nos. 25, 26, and
21
27. For the reasons discussed below, the Court hereby GRANTS the stipulation at Docket No. 28.
22
When a defendant seeks to file a third-party complaint more than 14 days after answering the
23
complaint, it must obtain leave of court. See Fed. R. Civ. P. 14(a)(1). Rule 14 is liberally construed to
24
permit joinder of third party claims. E.g., United States v. Pioneer Lumber Treating Co., 496 F. Supp.
25
199, 202-03 (E.D. Wash. 1980). “Rule 14 was designed to provide for the adjudication of rights of all
26
persons involved in a controversy in order to avoid circuity of actions and multiplicity of suits.” Nevada
27
Eighty-Eight, Inc. v. Title Ins. Co. of Minn., 753 F. Supp. 1516, 1529 (D. Nev. 1990). “Joinder under
28
Rule 14(a) should be ‘freely granted to promote efficiency unless to do so would prejudice the plaintiff,
1
unduly complicate the trial, or would foster an obviously unmeritorious claim.’” FMC Corp. v. Vendo
2
Co., 196 F. Supp. 2d 1023, 1038 (E.D. Cal. 2002) (quoting New York v. Solvent Chem. Co., 179 F.R.D.
3
90, 93 (W.D.N.Y. 1998)).
4
Applying these standards here and in light of the lack of any opposition, the Court GRANTS the
5
stipulation. Defendants shall file the third-party complaint by July 13, 2017, and shall serve it. Cf. Local
6
Rule 15-1(b).
7
IT IS SO ORDERED.
8
DATED: July 6, 2017
9
10
______________________________________
NANCY J. KOPPE
United States Magistrate Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?