Kim v. Southwestco Wireless

Filing 16

ORDER Granting Defendant's 12 Motion for Leave to File Third-Party Complaint. Defendant shall file the third-party complaint by 7/12/2017 and serve it. Signed by Magistrate Judge Nancy J. Koppe on 7/5/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SOO YOUNG KIM,
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Plaintiff(s),
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vs.
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VERIZON WIRELESS (VAW) LLC, et al.,
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Defendant(s).
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Case No. 2:17-cv-0706-APG-NJK
ORDER
(Docket No. 12)

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Pending before the Court is Defendant’s motion for leave to file a third-party complaint. Docket

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No. 12. In particular, Defendant seeks leave to allege third-party indemnification and contribution

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claims against the company that installed the carpet on which Plaintiff alleges she tripped and fell. See

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id. at 4. No response has been filed, and the deadline to do so has expired. See Local Rule 7-2(b).

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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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motion. Defendant shall file the third-party complaint by July 12, 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 5, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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