New York Wheel Owner LLC v. Mammoet-Starneth LLC

Filing 241

ORDER denying 234 Motion to Substitute Party. The third-party complaint was dismissed by the Courts Order of May 11, 2018, see ECF No. 188, and it was not reinstated by the Courts Order of August 27, 2019, see ECF No. 211. Were there any doubt, it would be resolved by the fact that Mammoet-Starneth LLC is no longer a Defendant in this action. Thus, it could not assert the third-party claims with respect to which Mammoet USA North, Inc. (MUSA) seeks to substitute itself. See Fed. R. Civ. P. 14(a)(1). Accordingly, MUSAs motion to substitute is DENIED. That said, the Court concludes that, in light of the state of the case and the arguable confusion caused by its procedural history, MUSA should be given leave to amend to file a new third-party complaint. It shall do so no later than February 3, 2020. The Clerk of Court is directed to terminate ECF No. 234. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/14/2020) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NEW YORK WHEEL OWNER LLC, et al.,
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Plaintiffs,
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-v:
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MAMMOET HOLDING B.V., et al.,
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Defendants.
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17-CV-4026 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
The third-party complaint was dismissed by the Court’s Order of May 11, 2018, see ECF
No. 188, and it was not reinstated by the Court’s Order of August 27, 2019, see ECF No. 211.
Were there any doubt, it would be resolved by the fact that Mammoet-Starneth LLC is no longer
a Defendant in this action. Thus, it could not assert the third-party claims with respect to which
Mammoet USA North, Inc. (“MUSA”) seeks to substitute itself. See Fed. R. Civ. P. 14(a)(1).
Accordingly, MUSA’s motion to substitute is DENIED.
That said, the Court concludes that, in light of the state of the case and the arguable
confusion caused by its procedural history, MUSA should be given leave to amend to file a new
third-party complaint. It shall do so no later than February 3, 2020.
The Clerk of Court is directed to terminate ECF No. 234.
SO ORDERED.
Dated: January 14, 2020
New York, New York

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JESSE M. FURMAN
United States District Judge