Natalie Brink v. Kevin Powell

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Natalie Brink, Case No. 2:25-cv-01998-RFB-MDC 4 Plaintiff,

5 vs. ORDER GRANTING MOTION FOR LEAVE TO ASSERT THIRD-PARTY COMPLAINT 6 Kevin Powell, (ECF NO. 11) 7 Defendants. 8 Pending before the Court is defendant Kevin Powell’s (“defendant”) Motion for Leave to Assert 9 Third-Party Complaint (“Motion”) (ECF No. 11). The Motion is not opposed. The Court GRANTS the 10 Motion for the reasons below. 11 DISCUSSION 12 This is a personal injury case removed from state court that arose out of plaintiff being injured in 13 a motor vehicle accident. ECF No. 1-1. Defendant now moves for leave of the Court to file a third-party 14 complaint to bring in Thomas Pablo as a third-party defendant in this case. ECF No. 11. 15 The Federal Rules of Civil Procedure (“Rules”) govern the process by which a defendant may 16 amend an answer to bring in a third party. Pursuant to Rule 14(a)(1), a defendant may add as a third- 17 party defendant any person “who may be liable to it for all or part of” the damages claimed by the 18 plaintiff. Fed. R. Civ. P. 14(a)(1). A party wishing to bring a third-party complaint must also “obtain the 19 court's leave if it files the third-party complaint more than 14 days after serving its original answer.” Id. 20 Defendant claims that Mr. Pablo is “responsible” for the motor vehicle accident at issue in this 21 case and “may be liable for all or part of any damages claimed by [p]laintiff.” ECF No. 11 at 2. His 22 proposed Third-Party Complaint alleges that Mr. Pablo is liable for the motor vehicle accident at issue 23 under negligence and negligence per se theories. See ECF No. 11-1. For cause shown and because the 24 Motion is unopposed, the Court therefore grants the Motion. See LR 7-2(d). Defendant has leave of the 25 1 1 || Court to file his proposed Third-Party Complaint. He must file the Third-Party Complaint by March 10, 2 |}2026.! 3 ACCORDINGLY, 4 IT IS ORDERED that: 5 1. Defendant Kevin Powell’s Motion for Leave to Assert Third-Party Complaint (ECF No. 11) 6 is GRANTED. 7 2. Defendant Kevin Powell must file the Third-Party Complaint by March 10, 2026. 8 DATED: March 3, 2026. 9 IT IS SO ORDERED. Hon, Maximiliefo D, Coxvvillier, HI Unéed States ye Judge 13 14 15 16 17 18 19 20 21 22 23 24 |] ' Diversity jurisdiction is not destroyed by the addition of Mr. Pablo as a third-party defendant. See 25 || Nevada Eighty-Eight, Inc. v. Title Ins. Co., 753 F. Supp. 1516, 1521-22 (D. Nev. 1990).