JANE M. VIRDEN, Magistrate Judge.
This matter is before the Court upon motion of Defendant for leave to serve a summons and third-party complaint on Charles Schindler, II, Delta Southern Chemical Co. ("DSCC"), and Southern Gulf Coast Fuel, LLC ("SGCF"), joining them as third-party Defendants. It appearing that the third-party Defendants may be liable to Defendant for all or part of Plaintiff's claim asserted against Defendant in the complaint, the court finds that the motion is well taken and should be GRANTED.
Defendant Fred Zepponi entered into a lease-purchase agreement with Charles Schindler on behalf of DSCC for a Hardi Presido agricultural sprayer ("original sprayer"). The lease was thereafter assigned to the plaintiff, DLL Finance, LLC. Zepponi and Schindler later agreed that Schindler would take possession of the original sprayer and a Deutz tractor, pay off the leases attached to the original sprayer and the Deutz tractor, and utilize the equity in the machines as a down payment on a new sprayer. Id. Zepponi handed over the two pieces of equipment but never received the new sprayer, and the lease agreements were never paid off. Therefore, Zepponi was left with two unpaid lease agreements, no equipment
The purpose of Fed. R. Civ. P. 14 is to avoid duplication of suits and to promote efficiency of litigation. § 1443 Discretion of the Court, 6 Fed. Prac. & Proc. Civ. § 1443 (3d ed.). However, if a defendant wishes to file a third-party complaint more than fourteen (14) days after serving its response to the complaint, the putative third-party plaintiff must, by motion, obtain the court's leave. Fed. R. Civ. P. 14 (a)(1).
A third-party claim may be asserted under Rule 14(a)(1) only when the third party's liability is dependent on the outcome of the main claim or when the third party may be secondarily liable to the defending party for a part of or all of any potential judgement against the defendant in favor of the plaintiff. Allstate Ins. Co. v. Scarbrough, No. 3:15CV00114-M-A, 2016 WL 10588006, at 4 (N.D. Miss. Nov. 7, 2016)(citing Se. Mortg. Co. v. Mullins, 514 F.2d 747, 749 (5th Cir. 1975).
Here, defendant alleges that the putative third-party defendants are secondarily liable to him for the full amount of any judgement rendered against him in favor of the plaintiff due to the alleged breach of contract/conversion of defendant.
In the interest of efficiency, and the Court, having found that the claims are sufficiently derivative; that joinder will not substantially complicate this litigation; and that the motion is unopposed by the plaintiff, hereby orders the following:
SO ORDERED.