STIPULATION AND ORDER FOR DEFENDANT WALMART TO TAKE LEAVE TO FILE A THIRD PARTY COMPLAINT

CAM FERENBACH, Magistrate Judge.

Plaintiff Barbara Simone (hereinafter "Plaintiff") and Defendant WALMART, INC. (hereinafter "Walmart" or "Defendant"), by and through their respective counsel of record, do hereby stipulate for Defendant to file a Third Party Complaint against Gatekeeper Systems, Inc. The filing of this Third Party Complaint is proper as through discovery it has been revealed that Gatekeeper Systems, Inc. has contacted with Walmart, Inc. with regard to shopping cart supply, maintenance and repair on the premises and as such Gatekeeper Systems must be added as a party to the matter as it is statutorily and equitably obligated to assume indemnification and contribution of Defendant Walmart pursuant to a master services agreement.

The parties aver that this stipulation is made by the parties in good faith pursuant to FRCP 14 and not for the purpose of delay. A copy of the proposed Third Party Complaint is attached as Exhibit "A" for the Court's review.,

IT IS SO ORDERED.

EXHIBIT A

Draft of Third-Party Complaint,

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

COMES NOW, Defendant/Third Party Plaintiff WALMART, INC., by and through its attorneys of record, the law firm PHILLIPS, SPALLAS & ANGSTADT, LLC, and hereby submits its Third Party Complaint against GATEKEEPER SYSTEMS, INC., as follows:

GENERAL ALLEGATIONS

1. That at all times relevant herein, Defendant/Third Party Plaintiff Walmart, Inc. was a Delaware corporation licensed to conduct business in the State of Nevada.

2. That at all times relevant herein, Defendant/Third Party Plaintiff Walmart, Inc. controlled, maintained and operated the premises commonly known as Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

3. That at all time relevant herein, Third Party Defendant Gatekeeper Systems, Inc. is a California corporation licensed to conduct business in the State of Nevada.

4. Upon information and belief, that at all times relevant hereto, Third Party Defendant Gatekeeper Systems, Inc. maintained and serviced the shopping carts(s) located on the property of Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

5. That at all times relevant hereto, Third Party Defendant Gatekeeper Systems, Inc. supplied Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122, with shopping carts to be used by Walmart's customers.

FIRST CLAIM FOR RELIEF (NEGLIGENCE)

6. Defendant/Third Party Plaintiff Walmart, Inc. incorporates by reference Paragraphs 1 through 5 above as if fully set forth herein.

7. That Third Party Defendant Gatekeeper Systems, Inc. owed a duty to Walmart, Inc. to maintain its equipment in a safe condition, including a duty to properly monitor the safety of its product available for use at Defendant/Third Party Plaintiff's premises.

8. That at all times relevant, Third Party Defendant Gatekeeper Systems, Inc. owed a duty to provide Defendant/Third Party Plaintiff Walmart, Inc. with adequate maintenance, repair, and monitoring of the product(s) supplied to Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

9. That Third Party Defendant Gatekeeper Systems, Inc. negligently failed to properly service and maintain the product(s) it supplied to Walmart Store # 3350 resulting in a dangerous and hazardous condition in, and around, the equipment also supplied and maintained by Third Party Defendant Gatekeeper Systems, Inc.

10. That, as the direct result of the negligence of Third Party Defendant Gatekeeper Systems, Inc., resulting in Plaintiff's allegations of injury, Defendant/Third Party Plaintiff Walmart, Inc. has been forced to retain the services of an attorney and incur the costs associated with defense of this suit.

SECOND CLAIM FOR RELIEF (CONTRACTUAL INDEMNITY)

11. Defendant/Third Party Plaintiff Walmart, Inc. incorporates by reference Paragraphs 1 through 10 above as if fully set forth herein.

12. That Defendant/Third Party Plaintiff Walmart, Inc. did not owe a duty to Plaintiff to maintain or service the shopping carts(s) located at Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122 on the date of the subject incident.

13. That Defendant/Third Party Plaintiff Walmart, Inc. did not owe a duty to Plaintiff to insure the safety of the product supplied by Third Party Defendant Gatekeeper Systems, Inc.

14. That Defendant/Third Party Plaintiff Walmart, Inc. contracted with Third Party Defendant Gatekeeper Systems, Inc. for the supply of shopping carts and maintenance of the shopping carts(s) located on the premises of Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

15. That pursuant to the master services agreement between Defendant/Third Party Plaintiff Walmart, Inc. and Third Party Defendant Gatekeeper Systems, Inc., Gatekeeper Systems was required at its sole cost and expense to indemnify Walmart, Inc. as stated in the master services agreement:

16. That Third Party Defendant Gatekeeper Systems, Inc. had, and continues to have, a duty as the contracted vendor to fulfill its obligation under the vendor agreement to indemnify Defendant/Third Party Plaintiff Walmart, Inc.

17. That Defendant/Third Party Plaintiff Walmart, Inc. was not negligent and did not contribute to the injuries alleged by Plaintiff.

18. That should judgment be recovered against Defendant/Third Party Plaintiff Walmart, Inc. or should Walmart, Inc. enter into a settlement with Plaintiff, Third Party Defendant Gatekeeper Systems, Inc. should pay to Defendant/Third Party Plaintiff Walmart, Inc. its share of the judgment based upon its proportion of fault in contribution.

19. That Defendant/Third Party Plaintiff Walmart, Inc. is entitled to recover from Third Party Defendant Gatekeeper Systems, Inc. fees and costs incurred in the preparation and prosecution of this Third Party Complaint.

THIRD CLAIM FOR RELIEF (EQUITABLE INDEMNITY)

20. Defendant/Third Party Plaintiff Walmart, Inc. incorporates by reference Paragraphs 1 through 19 above as if fully set forth herein.

21. That Defendant/Third Party Plaintiff Walmart, Inc. contracted with Third Party Defendant Gatekeeper Systems, Inc. to supply product, and provide maintenance, for the shopping carts(s) on the premises of Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

22. That any negligence, other than the comparative negligence of Plaintiff, was that of Third Party Gatekeeper Systems, Inc., and not Defendant/Third Party Plaintiff Walmart, Inc.

FOURTH CLAIM FOR RELIEF (CONTRIBUTION)

23. Defendant/Third Party Plaintiff Walmart, Inc incorporates by reference Paragraphs 1 through 22 above as if fully set forth herein.

24. That Defendant/Third Party Plaintiff Walmart, Inc. has fulfilled its duty to maintain its premises in a reasonably safe condition for its client and those upon its premises.

25. That Defendant/Third Party Plaintiff Walmart, Inc. contracted to obtain product(s) and and services from Third Party Defendant Gatekeeper Systems, Inc. in effort to reasonably facilitate the safety of customers and clients upon its premises.

26. That neither Walmart, Inc. nor Gatekeeper Systems, Inc. is responsible for Plaintiff's alleged injuries and damages, but if Plaintiff recovers for negligent provision of safe and hazard free premises, Third Party Defendant Gatekeeper Systems, Inc. must indemnify Defendant/Third Party Plaintiff Walmart, Inc.

27. That Defendant/Third Party Plaintiff Walmart, Inc. was not negligent and is not responsible for the alleged injuries and damages of Plaintiff, if any. However, if as a result of matters alleged in Plaintiff's Complaint, Walmart, Inc. is required to satisfy more than its share of all or part of the claims asserted against it by Plaintiff, which liability is specifically denied, then Third Party Defendant Gatekeeper Systems, Inc. is liable to Walmart, Inc. for its portion in contribution based upon the negligence, if any, of Gatekeeper Systems, Inc.

28. That the proximate cause of Plaintiff's alleged injuries and damages were the actions of Third Party Defendant Gatekeeper Systems, Inc.

29. That Walmart, Inc. has found it necessary to retain the services of an attorney to prosecute this action and is entitled to attorney's fees and costs of suit incurred herein.

PRAYER FOR RELIEF

1. That Third Party Defendant Gatekeeper Systems, Inc. indemnify Defendant/Third Party Plaintiff Walmart, Inc. pursuant to contract and/or in equity as to any judgment rendered against it on behalf of Plaintiff and the costs and attorney fees incurred in the defense of this matter;

2. That Defendant/Third Party Plaintiff Walmart, Inc. is entitled to indemnification and defense by and from Third Party Gatekeeper Systems, Inc.;

3. That Third Party Defendant Gatekeeper Systems, Inc. contribute to payment of any and all damages which may be found in this action filed by Plaintiff in accordance with its percentage of fault;

4. That Third Party Defendant Gatekeeper Systems, Inc. pay that percentage of underlying liability for the alleged damages sustained by Plaintiff corresponding to its extent of negligence, if any; and

5. That Defendant/Third Party Plaintiff Walmart, Inc.is entitled to fees and costs of defending and prosecuting the third party complaint in the lawsuit;

6. For such other further relief as deemed appropriate by the Court.

CERTIFICATE OF SERVICE

Pursuant to FRCP Rule 5, I hereby certify that I am an employee of the law firm PHILLIPS, SPALLAS & ANGSTADT, LLC, and that, on this 12th day of June 2019, I served a copy of DEFENDANT WALMART INC.'S THIRD PARTY COMPLAINT AGAINST GATEKEEPER SYSTEMS INC. as follows:

[X] By placing same to be deposited for mailing in the United States Mail, in a sealed envelope upon which first class postage was prepaid in Las Vegas, Nevada;

[] By Hand Delivery (ROC); and/or

[X] By Facsimile Transmission to the number referenced below; and/or

[] By Electronic Service through CM/ECF to:

An Employee of PHILLIPS, SPALLAS & ANGSTADT LLC