STIPULATION AND ORDER GRANTING DEFENDANT CASE DUNLAP ENTERPRISES, LLC, DBA TIC TOC THE IMAGINATION COMPANY LEAVE TO FILE THIRD-PARTY COMPLAINT AGAINST FITCO FITNESS

RICHARD SEEBORG, District Judge.

Plaintiff JENNIFER K. LOVETT ("LOVETT"), Defendant/Third Party Plaintiff OMNI HOTELS MANAGEMENT CORPORATION ("OMNI"), Third Party Defendant/Third Party Plaintiff SPRI PRODUCTS, INC. ("SPRI"), and Defendant/Third Party Defendant, CASE DUNLAP ENTERPRISES, LLC, DBA TIC TOC THE IMAGINATION COMPANY ("CASE DUNLAP"), hereby stipule, by and through their respective counsel of record, as follows:

1. LOVETT filed this action in the Superior Court of California (County of San Francisco). OMNI removed the action to U.S. District Court on the basis of diversity of citizenship.

2. After removal, OMNI filed a third party complaint against CASE DUNLAP and SPRI. SPRI answered on October 31, 2014. CASE DUNLAP answered on November 3, 2014.

3. Following the Court's Order Granting LOVETT'S Motion to Amend the First Amended Complaint to add CASE DUNLAP as a Defendant, as well as additional product liability claims, LOVETT filed her Second Amended Complaint on October 9, 2015. OMNI and CASE DUNLAP answered the Second Amended Complaint on October 23, 2015 and November 3, 2015, respectively.

4. This is a strict liability — failure to warn case where LOVETT alleges she was injured as a result of her use of an exercise band while she was a guest at an OMNI hotel. During discovery it was learned that FITCO FITNESS was in the chain of distribution of the subject exercise band.

5. To ensure the speedy and efficient resolution of this action, and eliminating the need for a separate action brought by CASE DUNLAP against the proposed third party defendant FITCO FITNESS, CASE DUNLAP seeks leave to file a third party complaint against FITCO FITNESS. A copy of the proposed third party complaint is attached hereto.

NOW THEREFORE, the parties to this action stipulate and request that the court enter an order granting CASE DUNLAP leave the file the attached Third Party Complaint against FITCO FITNESS.

ORDER

Pursuant to the parties' stipulation, IT IS ORDERED THAT defendant Case Dunlap Enterprises LLC, dba Tic Toc The Imagination Company, have leave to file a third-party complaint against Fitco Fitness.

IT IS SO ORDERED.