Costello v. Glen Wood Company

• Court: District Court, D. Nevada
• Decided: February 11, 2020
• Docket: 2:19-cv-01752
• Status: Unknown

Opinion

1 | TYSON & MENDES LLP THOMAS E. MCGRATH 2 || Nevada Bar No. 7086 Email: tmcgrath@tysonmendes.com 3 || RACHEL J. HOLZER Nevada Bar No. 11604 4 || Email: rholzer@tysonmendes.com 3960 Howard Hughes Parkway, Suite 600 5 || Las Vegas, Nevada 89169 Tel: (702) 724-2648 6 || Fax: (702) 938-1048 Attorneys for Defendant Glen Wood Company d/b/a Wood Brothers Racing UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ANDREA NICOLE COSTELLO, an Case No. 2:19-cv-01752-APG-BNW 10 || individual; 1] Plaintiff, STIPULATION AND [PROPOSED] ORDER 3 FOR LEAVE TO FILE THIRD-PARTY 12 || vs. COMPLAINT AGAINST NEVADA SPEEDWAY, LLC = * 13 || GLEN WOOD COMPANY d/b/a WOOD 5 3 BROTHERS RACING, a foreign g & 14 | corporation; DOE Individuals 1-10; DOE 2 Employees 11-20; and ROE Corporations 21- = 2 15 □ 30; = 16 Defendants. "17 18 Plaintiff ANDREA NICOLE COSTELLO and Defendant GLEN WOOD COMPANY 19 || d/b/a WOOD BROTHERS RACING (hereafter “Glen Wood”), by and through their respective 20 || undersigned counsel of record, and stipulate as follows for an order granting Glen Wood leave to 21 || file its [Proposed] Third-Party Complaint against Nevada Speedway, LLC. 22 WHEREAS, this is a personal injury case in which Plaintiff claims Glen Wood’s 23 || employee, while acting in the course and scope of his employment as a Glen Wood race team 24 || member, injured Plaintiff while she was in the restricted pit area of the Las Vegas Motor 25 || Speedway, during a NASCAR race that took place on or about September 16, 2018, pursuant to 26 || a Single Event License Pass issued by NASCAR. (See Pl.’s Compl.., at 99 9-15.) 27 WHEREAS, based on information recently learned, Defendant Glen Wood seeks to 28 || implead Nevada Speedway, LLC, which Defendant believes is the owner and operator of the Las

1 || Vegas Motor Speedway, under the doctrines of equitable indemnity and contribution based upon 2 || Glen Wood’s information and belief regarding the existence of an agreement between Nevada 3 || Speedway, LLC and Glen Wood providing for such indemnity. (See Glen Wood’s [Proposed] 4 || Third Party Complaint against Nevada Speedway, LLC, attached hereto as Exhibit A.) 5 WHEREAS, Federal Rule of Civil Procedure 14(a)(1) provides a defending party may, as 6 || a third-party plaintiff, implead “a nonparty who is or may be liable to it for all or part of the 7 || claim against it.” 8 WHEREAS, “[t]he decision whether to implead a third-party defendant is addressed to 9 || the sound discretion of the trial court” (Sw. Administrators, Inc. v. Rozay's Transfer, 791 F.2d 10 || 769, 777 (9th Cir. 1986)); who in exercising such discretion considers the following four factors:

11 || “prejudice to the original plaintiff, complication of issues at trial, likelihood of trial delay, and : , 2 timeliness of the motion to implead” (Paradise Nw. Inc. v. Randhawa, No. 2:09CV02027 MCE 13 || DAD, 2010 WL 1487874, at *1 (E.D. Cal. Apr. 13, 2010)). 14 WHEREAS, impleader of Nevada Speedway, LLC as a third-party defendant is proper 15 || under Rule 14(a) because Nevada Speedway, LLC’s liability to Glen Wood under the doctrine of 16 || equitable indemnity/contribution is derivative of Glen Wood’s alleged liability to Plaintiff. See 17 || Stewart v. Am. Int'l Oil & Gas Co., 845 F.2d 196, 199 (9th Cir. 1988) (clarifying “a third-party 18 || claim may be asserted only when the third party's liability is in some way dependent on the 19 || outcome of the main claim and is secondary or derivative thereto”). 20 WHEREAS in the January 29, 2020 Stipulation and Order to Extend Discovery (First 21 |} Request) (ECF No. 17) entered by Magistrate Brenda Weksler set April 14, 2020, as the deadline 22 || for joining non-parties. (See ECF No. 17, at 3:11.) 23 WHEREAS Glen Wood, by the instant stipulation and proposed order, timely seeks leave 24 || to implead Nevada Speedway, LLC before the April 14, 2020 deadline. 25 WHEREAS Plaintiff does not object to the impleader of Nevada Speedway, LLC and the 26 || parties have not exchanged expert reports or conducted depositions. 27 WHEREAS Third-Party Defendants Speedway Motorsports, Inc. and Speedway 28 || Motorsports LLC have not answered or otherwise appeared in this matter.

1 WHEREAS, because Glen Wood’s proposed claims against Nevada Speedway, LLC are 2 || based on Plaintiff's allegations against Glen Wood (see ECF No. 11, at 2:10-13), the impleader 3 || of Nevada Speedway, LLC will not unduly complicate the issues at trial or inject extraneous 4 || issues into the action. 5 NOW THEREFORE, Plaintiff and Glen Wood stipulate and respectfully request that the 6 || Court enter an order granting Glen Wood leave to file the attached [Proposed] Third Party 7 || Complaint against Nevada Speedway, LLC. Dated this 10" day of February 2020. Dated this 10" day of February 2020. 10 COGBURN LAW TYSON & MENDES LLP 11 3 By: Joseph J. Troiano By: /s/Rachel J. Holzer , 2 Jamie S. Cogburn, Esq. Thomas E. McGrath, Esq. = Nevada Bar No. 8409 Nevada Bar No. 7086 5 13 Joseph J. Troiano, Esq. Rachel J. Holzer, Esq. = 14 Nevada Bar No. 12505 Nevada Bar No. 11604 5 2580 St. Rose Parkway, Suite 330 3960 Howard Hughes Parkway, Suite 600 = 2 15 || Henderson, Nevada 89074 Las Vegas, NV 89169 Attorneys for Plaintiff Attorneys for Defendant 16 17 ORDER 18 Good cause having been shown, and on stipulation of the parties, the Court hereby grants 19 Defendant GLEN WOOD COMPANY d/b/a WOOD BROTHERS RACING leave to file its 20 [Proposed] Third Party Complaint against Nevada Speedway, LLC. 21 IT 1S SO ORDERED 22 3 DATED: February 11, 2020 24 2 Sx les re bat °° | BRENDA WEKSLER 27 UNITED STATES MAGISTRATE JUDGE 28