Move 4 Less v. Queen Business Solutions

• Court: District Court, D. Nevada
• Decided: October 18, 2019
• Docket: 2:19-cv-00321
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 MOVE 4 LESS, LLC, ) 4 ) Plaintiff, ) Case No.: 2:19-cv-00321-GMN-NJK 5 vs. ) ORDER ) 6 QUEEN BUSINESS SOLLUTIONS, LLC, et ) 7 al., ) ) 8 Defendants. ) ) 9 10 Pending before the Court is the Motion to Dismiss, (ECF No. 24), filed by Third-Party 11 Defendants Digital Product Marketing, LLC and Ronald Spinabella (“Third-Party 12 Defendants”), regarding Defendant Queen Business Solutions, LLC’s (“QBS’s”) Third-Party 13 Complaint, (ECF No. 8). QBS filed a Response, (ECF No. 26). Third-Party Defendants did 14 not file a reply. With Third-Party Defendants’ Motion to Dismiss pending, Plaintiff Move 4 15 Less (“Plaintiff”) and QBS filed a Stipulation to Dismiss all of Plaintiff’s claims against QBS 16 with Prejudice, (ECF No. 27), which the Court granted, (ECF No. 28). 17 QBS’s Third-Party Complaint only asserts claims for contribution and indemnity against 18 Third-Party Defendants for Plaintiff’s underlying claims. (Third-Party Compl. 10:13–11:16, 19 ECF No. 8). In relevant part, Third Party Defendants’ Motion to Dismiss alleges that QBS fails 20 to state a claim for which relief may be granted under Federal Rule of Civil Procedure 12(b)(6). 21 (Mot. to Dismiss at 2, ECF No. 24). 22 A court may dismiss a plaintiff’s complaint for “failure to state a claim upon which 23 relief can be granted.” Fed. R. Civ. P. 12(b)(6). A properly pled complaint must provide “a 24 short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. 25 Civ. P. 8(a)(2); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). A complaint must 1 contain either direct or inferential allegations concerning “all the material elements necessary to 2 sustain recovery under some viable legal theory.” Twombly, 550 U.S. at 562 (quoting Car 3 Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1106 (7th Cir. 1989) (emphasis in original)). 4 When the claims in a complaint are not plausible, plaintiff’s complaint must be dismissed. 5 Twombly, 550 U.S. at 570. 6 To state a claim for contribution, a third-party plaintiff must plead: “(1) common law 7 liability; and (2) the party seeking contribution has been required to pay more than its just share 8 of the award.” See Northwest Airlines v. Transp. Workers Union, 451 U.S. 77, 83 (1981). In 9 order to state a claim for indemnity, the party seeking indemnity must plead: “(1) it has 10 discharged a legal obligation owed to a third party; (2) the party from whom it seeks liability 11 also was liable to the third party; and (3) as between the claimant and the party from whom it 12 seeks indemnity, the obligation ought to be discharged by the latter.” Rodriquez v. Primadonna 13 Co., 216 P.3d 793, 801 (Nev. 2009) (citing 41 Am. Jur. 2d Indemnity § 20 (2005)). 14 QBS fails to state a claim against Third-Party Defendants because it cannot show that it 15 may be liable for Plaintiff’s claims. In light of Plaintiff and QBS’s Stipulation to Dismiss 16 Plaintiff’s claims with prejudice, the Court will not enter a judgment against QBS. 17 Accordingly, QBS cannot plausibly plead an essential element, liability, underlying both its 18 contribution and indemnity claims. Therefore, Third-Party Defendants’ Motion to Dismiss is 19 GRANTED. 20 // 21 // 22 //

23 // 24 // 25 // 1 Accordingly, 2 IT IS HEREBY ORDERED that Third-Party Defendants’ Motion to Dismiss, (ECF 3 No. 24), is GRANTED. 4 IT IS FURTHER ORDERED that QBS’s Third-Party Complaint, (ECF No. 8), is 5 DISMISSED with prejudice. 6 The Clerk of Court shall close this case and enter judgment accordingly. 7 DATED this 1_8_ day of October, 2019. 8 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25