Elawyers Elawyers
Washington| Change

MUELLER v. 84 LUMBER COMPANY, LIMITED PARTNERSHIP, 3:15-CV-838-JHM-CHL. (2016)

Court: District Court, W.D. Kentucky Number: infdco20160419b31 Visitors: 20
Filed: Apr. 18, 2016
Latest Update: Apr. 18, 2016
Summary: MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , Magistrate Judge . Defendant 84 Lumber Company, Limited Partnership ("Defendant") has filed a motion for leave to file a third-party complaint (DN 13). Plaintiff Joe Mueller ("Plaintiff") has not filed a response. See LR 7.1(c) ("Failure to timely respond to a motion may be grounds for granting the motion."). The motion is ripe for review. Pursuant to Rule 14 of the Federal Rules of Civil Procedure, a defendant "may, as a thirdparty plaint
More

MEMORANDUM OPINION AND ORDER

Defendant 84 Lumber Company, Limited Partnership ("Defendant") has filed a motion for leave to file a third-party complaint (DN 13). Plaintiff Joe Mueller ("Plaintiff") has not filed a response. See LR 7.1(c) ("Failure to timely respond to a motion may be grounds for granting the motion."). The motion is ripe for review.

Pursuant to Rule 14 of the Federal Rules of Civil Procedure, a defendant "may, as a thirdparty plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it." Fed. R. Civ. P. 14(a)(1). A defendant must move for leave of court to file a third-party complaint if more than 14 days have elapsed since the defendant served its answer. Id. As more than 14 days have elapsed since Defendant filed its answer to Plaintiff's complaint in state court, Defendant has sought the Court's permission to file a third-party complaint.

Defendant seeks to file a third-party complaint against BLS Trucking Company ("BLS Trucking"), Plaintiff's alleged employer at the time of the incident that underlies this case. Defendant avers that its third-party complaint arises from the subject matter of this action and that BLS Trucking may be liable for all or part of the claims made by Plaintiff against Defendant. (See DN 13.) Defendant has filed a proposed third-party complaint and summons. (DN 13-1, 13-3.) The Court has reviewed the proposed third-party complaint and finds that it is proper under Rule 14. Defendant clearly alleges that BLS Trucking is liable for the claims asserted by Plaintiff against Defendant. (See generally DN 13-1.) Plaintiff apparently does not oppose the filing of the third-party complaint.

Accordingly, IT IS HEREBY ORDERED that Defendant's motion for leave to file a third-party complaint (DN 13) is GRANTED. The Clerk of Court is directed to file the proposed third-party complaint (DN 13-1) as a new docket entry and to issue summons (DN 13-3) thereon.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer