Opinion
Civil Action No. 04-3274.
November 9, 2005
ORDER AND REASONS
IT IS ORDERED that the motion for partial summary judgment filed by Cal Dive International, Inc. ("Cal Dive") is DENIED without prejudice as premature. (Rec. Doc. 30). Under Fed.R.Civ.P. 14(a), a defendant may bring in a third party "who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff." Where, as here, there is no tender under Fed.R.Civ.P. 14(c),
[a]n impleader claim is proper only to assert that the third-party defendant is liable to the party impleading it (usually the defendant). Despite the clear language of the impleader rule on this point, some defendants continue to attempt to implead a third party on the basis of the third-party defendant's direct liability to the plaintiff.
James Wm. Moore, 3 Moore's Federal Practice § 14.04 (Lexis Nexis 2005) (emphasis original). It is undisputed that the liability of the defendant/third-party plaintiff Cal Dive International, Inc. has not been established, making this motion premature.