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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RITA LATHAM,
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Plaintiff(s),
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vs.
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TUTOR PERINI BUILDING CORP., et al.,
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Defendant(s).
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Case No. 2:17-cv-00071-RFB-NJK
ORDER
(Docket Nos. 25, 26, 27, 28)

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Pending before the Court are Defendants Tutor Perini Building Corporation’s and Tutor Perini

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Corporation’s motion for leave to amend the answer and file a third-party complaint (Docket No. 25),

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motion to withdraw that preceding motion (Docket No. 26), renewed motion for leave to file a third-

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party complaint (Docket No. 27), and stipulation to file a third-party complaint (Docket No. 28). In light

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of the parties’ stipulation, the Court hereby DENIES as moot the motions at Docket Nos. 25, 26, and

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27. For the reasons discussed below, the Court hereby GRANTS the stipulation at Docket No. 28.

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When a defendant seeks to file a third-party complaint more than 14 days after answering the

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complaint, it must obtain leave of court. See Fed. R. Civ. P. 14(a)(1). Rule 14 is liberally construed to

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permit joinder of third party claims. E.g., United States v. Pioneer Lumber Treating Co., 496 F. Supp.

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199, 202-03 (E.D. Wash. 1980). “Rule 14 was designed to provide for the adjudication of rights of all

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persons involved in a controversy in order to avoid circuity of actions and multiplicity of suits.” Nevada

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Eighty-Eight, Inc. v. Title Ins. Co. of Minn., 753 F. Supp. 1516, 1529 (D. Nev. 1990). “Joinder under

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Rule 14(a) should be ‘freely granted to promote efficiency unless to do so would prejudice the plaintiff,

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unduly complicate the trial, or would foster an obviously unmeritorious claim.’” FMC Corp. v. Vendo

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Co., 196 F. Supp. 2d 1023, 1038 (E.D. Cal. 2002) (quoting New York v. Solvent Chem. Co., 179 F.R.D.

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90, 93 (W.D.N.Y. 1998)).

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Applying these standards here and in light of the lack of any opposition, the Court GRANTS the

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stipulation. Defendants shall file the third-party complaint by July 13, 2017, and shall serve it. Cf. Local

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Rule 15-1(b).

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IT IS SO ORDERED.

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DATED: July 6, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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