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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 SHAWNA O'SHAUGHNESSY, et al., CASE NO. 3:25-cv-06170-GJL 11 Plaintiffs, v. ORDER GRANTING DEFENDANT 12 ALBERTSON’S LLC’S MOTION ALBERTSON'S LLC, FOR LEAVE TO AMEND 13 PLEADINGS TO ASSERT A Defendant. THIRD-PARTY COMPLAINT 14
15 This matter is before the Court on Defendant Albertson’s LLC’s Motion for Leave to 16 Amend Pleadings to Assert a Third-Party Complaint.1 Dkt. 15. Plaintiffs Shawna O’Shaughnessy 17 and Sean O’Shaughnessy (collectively, “Plaintiffs”) did not respond to Defendant’s Motion, and 18 the deadline to respond has elapsed. See docket; LCR 7(d)(3). Accordingly, the Court finds the 19 Motion ripe for consideration. 20 Based on Defendant’s Motion (Dkt. 15) and the balance of the record, the Court 21 GRANTS Defendant Albertson’s LLC’s Motion for Leave to Amend Pleadings to Assert a 22 23
24 1 The Parties have consented to proceed before a Magistrate Judge. Dkt. 6. 1 Third-Party Complaint. Defendant may file and serve the Third-Party Complaint as set forth in 2 the conclusion below. 3 I. FACTUAL BACKGROUND 4 Plaintiff Shawna O’Shaughnessy alleges that on or about December 21, 2022, she 5 “slipped and fell on a storm drain that had accumulated a thick layer of ice” outside of
6 Defendant’s store in Gig Harbor, Washington. Dkt. 1-1 at 7; Dkt. 15 at 2. At the time of the 7 incident, Defendant had a Service Agreement for Snow Removal and Ice Management 8 (“Agreement”) with Action Services Corporation (“Action Services”). Dkt. 15 at 2; Dkt 16-2. 9 Under the Agreement, Action Services’ “Scope of Work” was defined as managing “de-icing” 10 and “lot plowing” of the “[p]arking lot, roadways, [and] parking areas.” Dkt. 15 at 2; Dkt. 16-2 at 11 8. Action Services further agreed to “stake [all drains] prior to Dec. 1” and check “periodically to 12 ensure they are visible and functional.” Dkt. 15 at 2; Dkt. 16-2 at 8. The Agreement also 13 included indemnification terms as follows: 14 [Action Services] agrees to indemnify, defend, and hold [Defendant], its affiliates, directors, associates, agents and representatives harmless from and against any 15 and all loss, damage, claims, liabilities and expenses (including, without limitation, costs and expenses for investigation and litigation and reasonable 16 attorneys’ fees) (collectively “Claims”) in any way arising from or connected with [Action Services]’s or any permitted agents and/or subcontractors performance 17 under this Agreement, except to the extent such Claims are due to [Defendant]’s sole negligence or willful misconduct. 18 Dkt. 16-2 at 3. 19 II. PROCEDURAL BACKGROUND 20 Plaintiffs filed suit in Pierce County Superior Court in November 2025, asserting a 21 negligence claim against Defendant regarding maintenance of the premises. Dkt. 15 at 2. On 22 December 29, 2025, Defendant removed the case to this Court and, on January 15, 2026, filed an 23 Answer, which included an affirmative defense that “[t]he acts and conduct alleged herein may 24 1 be an act of a non-party at fault” and “Plaintiffs’ claimed injuries and damages were due to 2 actions of third parties beyond the control of [Defendant.]” Id.; Dkt. 9 at 4–5. Sometime before 3 March 25, 2026, Defendant tendered defense and indemnity to Action Services and its insurer. 4 Dkt. 15 at 3; Dkt. 16-3. The tender was denied. Id. Defendant filed its Motion for Leave to 5 Assert a Third-Party Complaint on May 7, 2026. Dkt. 15. Plaintiffs did not respond. See docket.
6 The current Scheduling Order requires joinder of all parties on or before November 2, 2026. Dkt. 7 12. 8 The proposed Third-Party Complaint (Dkt. 16-1) contains breach of contract and 9 contribution claims against Action Services. Id. at 4–6. Defendant alleges Action Services 10 breached the Agreement by failing to maintain the premises and by failing to indemnify and 11 defend Defendant. Id. 12 III. DISCUSSION 13 Under Federal Rule of Civil Procedure 14(a), a defendant may file a third-party 14 complaint to implead a nonparty who may be liable to the defendant for all or part of the claim
15 against it. Fed. R. Civ. P. 14. “The purpose of [Rule 14(a)] is to promote judicial efficiency by 16 eliminating the necessity for the defendant to bring a separate action against a third individual 17 who may be secondarily or derivatively liable to the defendant for all or part of the plaintiff's 18 original claim.” Sw. Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 1986). “Rule 19 14 is construed liberally in favor of permitting impleader[.]” Jorgensen Forge Corp. v. 20 Associated Indem. Corp., No. C14-1524-JCC, 2015 WL 12030118, at *1 (W.D. Wash. Apr. 21, 21 2015). 22 However, the defendant must file any third-party complaint within fourteen days of 23 serving its answer to the original complaint. Fed. R. Civ. P. 14. After the fourteen days have 24 1 passed, the defendant must obtain the Court’s leave to file a third-party complaint. Id. (“[T]he 2 third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint 3 more than 14 days after serving its original answer.”). 4 “The decision to allow a third-party defendant to be impleaded under [R]ule 14 is 5 entrusted to the sound discretion of the trial court.” United States v. One 1977 Mercedes Benz,
6 708 F.2d 444, 452 (9th Cir. 1983). “In making this determination, a court may consider four 7 factors: (1) prejudice to the original plaintiff; (2) complication of issues at trial; (3) likelihood of 8 trial delay; and (4) timeliness of the motion to implead.” Navigators Mgmt. Co., Inc. v. 9 Expeditors Int’l of Washington, Inc., No. C21-1598-JCC, 2022 WL 656208, at *1 (W.D. Wash. 10 Mar. 4, 2022) (citing Stephens v. Comenity, LLC, 287 F. Supp. 3d 1091, 1095 (D. Nev. 2017)). 11 While Defendant did not file the proposed Third-Party Complaint within the fourteen-day 12 timeframe prescribed by Rule 14(a), the Court finds good reason to grant Defendant leave to file. 13 First, Plaintiffs have not opposed Defendant’s Motion. LCR 7(b)(2) (“[I]f a party fails to 14 file papers in opposition to a motion, such failure may be considered by the court as an
15 admission that the motion has merit.”). 16 Second, Defendant’s claims against Action Services are factually related to Plaintiffs’ 17 claims and unlikely to complicate the issues at trial. Navigators Mgmt. Co., Inc. v. Expeditors 18 Int’l of Washington, Inc., No. C21-1598-JCC, 2022 WL 656208, at *1 (W.D. Wash. Mar. 4, 19 2022) (granting motion for leave to file third-party complaint alleging third-party defendant was 20 contractually obligated to indemnify defendant because plaintiff did not oppose the motion, the 21 third-party claims were factually related to plaintiff’s claims and unlikely to complicate the 22 issues at trial, and the trial date had not yet been set). 23 24 1 Third, the case is in its early stages as evidenced by the November deadline to join all 2 parties, which is still four months away. Dkt. 12. 3 Fourth, the Court finds no undue delay, bad faith or dilatory motive on the part of the 4 Defendant.
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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 SHAWNA O'SHAUGHNESSY, et al., CASE NO. 3:25-cv-06170-GJL 11 Plaintiffs, v. ORDER GRANTING DEFENDANT 12 ALBERTSON’S LLC’S MOTION ALBERTSON'S LLC, FOR LEAVE TO AMEND 13 PLEADINGS TO ASSERT A Defendant. THIRD-PARTY COMPLAINT 14
15 This matter is before the Court on Defendant Albertson’s LLC’s Motion for Leave to 16 Amend Pleadings to Assert a Third-Party Complaint.1 Dkt. 15. Plaintiffs Shawna O’Shaughnessy 17 and Sean O’Shaughnessy (collectively, “Plaintiffs”) did not respond to Defendant’s Motion, and 18 the deadline to respond has elapsed. See docket; LCR 7(d)(3). Accordingly, the Court finds the 19 Motion ripe for consideration. 20 Based on Defendant’s Motion (Dkt. 15) and the balance of the record, the Court 21 GRANTS Defendant Albertson’s LLC’s Motion for Leave to Amend Pleadings to Assert a 22 23
24 1 The Parties have consented to proceed before a Magistrate Judge. Dkt. 6. 1 Third-Party Complaint. Defendant may file and serve the Third-Party Complaint as set forth in 2 the conclusion below. 3 I. FACTUAL BACKGROUND 4 Plaintiff Shawna O’Shaughnessy alleges that on or about December 21, 2022, she 5 “slipped and fell on a storm drain that had accumulated a thick layer of ice” outside of
6 Defendant’s store in Gig Harbor, Washington. Dkt. 1-1 at 7; Dkt. 15 at 2. At the time of the 7 incident, Defendant had a Service Agreement for Snow Removal and Ice Management 8 (“Agreement”) with Action Services Corporation (“Action Services”). Dkt. 15 at 2; Dkt 16-2. 9 Under the Agreement, Action Services’ “Scope of Work” was defined as managing “de-icing” 10 and “lot plowing” of the “[p]arking lot, roadways, [and] parking areas.” Dkt. 15 at 2; Dkt. 16-2 at 11 8. Action Services further agreed to “stake [all drains] prior to Dec. 1” and check “periodically to 12 ensure they are visible and functional.” Dkt. 15 at 2; Dkt. 16-2 at 8. The Agreement also 13 included indemnification terms as follows: 14 [Action Services] agrees to indemnify, defend, and hold [Defendant], its affiliates, directors, associates, agents and representatives harmless from and against any 15 and all loss, damage, claims, liabilities and expenses (including, without limitation, costs and expenses for investigation and litigation and reasonable 16 attorneys’ fees) (collectively “Claims”) in any way arising from or connected with [Action Services]’s or any permitted agents and/or subcontractors performance 17 under this Agreement, except to the extent such Claims are due to [Defendant]’s sole negligence or willful misconduct. 18 Dkt. 16-2 at 3. 19 II. PROCEDURAL BACKGROUND 20 Plaintiffs filed suit in Pierce County Superior Court in November 2025, asserting a 21 negligence claim against Defendant regarding maintenance of the premises. Dkt. 15 at 2. On 22 December 29, 2025, Defendant removed the case to this Court and, on January 15, 2026, filed an 23 Answer, which included an affirmative defense that “[t]he acts and conduct alleged herein may 24 1 be an act of a non-party at fault” and “Plaintiffs’ claimed injuries and damages were due to 2 actions of third parties beyond the control of [Defendant.]” Id.; Dkt. 9 at 4–5. Sometime before 3 March 25, 2026, Defendant tendered defense and indemnity to Action Services and its insurer. 4 Dkt. 15 at 3; Dkt. 16-3. The tender was denied. Id. Defendant filed its Motion for Leave to 5 Assert a Third-Party Complaint on May 7, 2026. Dkt. 15. Plaintiffs did not respond. See docket.
6 The current Scheduling Order requires joinder of all parties on or before November 2, 2026. Dkt. 7 12. 8 The proposed Third-Party Complaint (Dkt. 16-1) contains breach of contract and 9 contribution claims against Action Services. Id. at 4–6. Defendant alleges Action Services 10 breached the Agreement by failing to maintain the premises and by failing to indemnify and 11 defend Defendant. Id. 12 III. DISCUSSION 13 Under Federal Rule of Civil Procedure 14(a), a defendant may file a third-party 14 complaint to implead a nonparty who may be liable to the defendant for all or part of the claim
15 against it. Fed. R. Civ. P. 14. “The purpose of [Rule 14(a)] is to promote judicial efficiency by 16 eliminating the necessity for the defendant to bring a separate action against a third individual 17 who may be secondarily or derivatively liable to the defendant for all or part of the plaintiff's 18 original claim.” Sw. Adm’rs, Inc. v. Rozay’s Transfer, 791 F.2d 769, 777 (9th Cir. 1986). “Rule 19 14 is construed liberally in favor of permitting impleader[.]” Jorgensen Forge Corp. v. 20 Associated Indem. Corp., No. C14-1524-JCC, 2015 WL 12030118, at *1 (W.D. Wash. Apr. 21, 21 2015). 22 However, the defendant must file any third-party complaint within fourteen days of 23 serving its answer to the original complaint. Fed. R. Civ. P. 14. After the fourteen days have 24 1 passed, the defendant must obtain the Court’s leave to file a third-party complaint. Id. (“[T]he 2 third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint 3 more than 14 days after serving its original answer.”). 4 “The decision to allow a third-party defendant to be impleaded under [R]ule 14 is 5 entrusted to the sound discretion of the trial court.” United States v. One 1977 Mercedes Benz,
6 708 F.2d 444, 452 (9th Cir. 1983). “In making this determination, a court may consider four 7 factors: (1) prejudice to the original plaintiff; (2) complication of issues at trial; (3) likelihood of 8 trial delay; and (4) timeliness of the motion to implead.” Navigators Mgmt. Co., Inc. v. 9 Expeditors Int’l of Washington, Inc., No. C21-1598-JCC, 2022 WL 656208, at *1 (W.D. Wash. 10 Mar. 4, 2022) (citing Stephens v. Comenity, LLC, 287 F. Supp. 3d 1091, 1095 (D. Nev. 2017)). 11 While Defendant did not file the proposed Third-Party Complaint within the fourteen-day 12 timeframe prescribed by Rule 14(a), the Court finds good reason to grant Defendant leave to file. 13 First, Plaintiffs have not opposed Defendant’s Motion. LCR 7(b)(2) (“[I]f a party fails to 14 file papers in opposition to a motion, such failure may be considered by the court as an
15 admission that the motion has merit.”). 16 Second, Defendant’s claims against Action Services are factually related to Plaintiffs’ 17 claims and unlikely to complicate the issues at trial. Navigators Mgmt. Co., Inc. v. Expeditors 18 Int’l of Washington, Inc., No. C21-1598-JCC, 2022 WL 656208, at *1 (W.D. Wash. Mar. 4, 19 2022) (granting motion for leave to file third-party complaint alleging third-party defendant was 20 contractually obligated to indemnify defendant because plaintiff did not oppose the motion, the 21 third-party claims were factually related to plaintiff’s claims and unlikely to complicate the 22 issues at trial, and the trial date had not yet been set). 23 24 1 Third, the case is in its early stages as evidenced by the November deadline to join all 2 parties, which is still four months away. Dkt. 12. 3 Fourth, the Court finds no undue delay, bad faith or dilatory motive on the part of the 4 Defendant. Rather, Defendant identified the potential involvement of a third-party in its Answer 5 and affirmative defenses, attempted to tender indemnification and defense to Action Services
6 upon commencement of litigation, and filed this Motion shortly after Action Services denied that 7 tender. Dkt. 9 at 4–5; Dkt. 15 at 2–3; Dkt. 16-3. 8 Fifth, the Court finds Defendant has shown that Action Services’ liability “is in some 9 way dependent on the outcome of the main claim and is secondary or derivative thereto.” Stewart 10 v. Am. Int'l Oil & Gas Co., 845 F.2d 196, 199 (9th Cir. 1988); see Dykes v. BNSF Ry. Co., No. 11 C17-1549-JCC, 2018 WL 4734235, at *2 (W.D. Wash. Oct. 2, 2018) (finding the same where 12 the defendant directed the Court to a contract between it and the third-party which purportedly 13 made the third-party liable to indemnify the defendant). 14 Accordingly, the Court finds Defendant’s Motion should be granted.2
15 IV. CONCLUSION 16 For the reasons set forth above, the Court GRANTS Defendant’s Motion for Leave to 17 Amend Pleadings to Assert a Third-Party Complaint. Dkts. 15, 16. Defendant must file and serve 18 // 19 // 20 // 21 2 The Court finds the Third-Party Complaint against Action Services is permissible at this juncture because it alleges 22 breach of an indemnification contract and contribution, and the Court may exercise supplemental jurisdiction over such claims. 28 U.S.C. § 1367(a); see Martin v. Walmart Supercenter Store #2074, No. 3:22-CV-00153-SLG, 2023 23 WL 7919957, at *2 n. 24 (D. Alaska Nov. 16, 2023) (finding same). Other than this jurisdictional finding and granting the Defendant’s Motion for Leave, this Order does not reach any other aspect of the proposed Third-Party 24 Complaint. 1 2 the Third-Party Complaint on all Parties, including Action Services Corporation, within fourteen 3 days of the filing of this Order. 4 5 Dated this 26th day of June, 2026.
6 A 7 8 Grady J. Leupold United States Magistrate Judge 9
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