Susshine v. Costco Wholesale Corp.

Full title: ROCKY SUSSHINE, Plaintiff, v. COSTCO WHOLESALE CORP., Defendant.

Court: United States District Court, Middle District of Florida

Date published: Jun 2, 2022

8:21-cv-2758-AAS (M.D. Fla. Jun. 2, 2022)

Opinion

8:21-cv-2758-AAS

06-02-2022

ROCKY SUSSHINE, Plaintiff, v. COSTCO WHOLESALE CORP., Defendant.

AMANDA ARNOLD SANSONE, UNITED STATES MAGISTRATE JUDGE

ORDER

AMANDA ARNOLD SANSONE, UNITED STATES MAGISTRATE JUDGE

Defendant Costco Wholesale Corporation (Costco) moves for leave to file a third-party complaint. (Doc. 38). Plaintiff Rocky Susshine does not respond.

“A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.” Fed.R.Civ.P. 14(a)(1). “Rule 14(a) allows a defendant to assert a claim against any person not a party to the main action only if that third person's liability on that claim is in some way dependent upon the outcome of the main claim.” U.S. v. Olavarrieta, 812 F.2d 640, 643 (11th Cir. 1987). “This rule is typically used to implead indemnitors into the litigation.” Journey Two Enter., LLC, v. N342AJ, LLC, No. 19-cv-880-JSM-SPF, 2020 WL 9748989, at *1 (M.D. Fla. Mar. 4, 2020).

This court previously denied Costco's attempt to implead Sarasota Shoppingtown as a third-party defendant (Doc. 28) for Costco's failure to allege this court's jurisdiction in its proposed third-party complaint. (Doc. 37). Costco now alleges federal jurisdiction over its proposed third-party complaint. See (Doc. 38, Ex. 1, ¶ 7-8).

Costco requests leave to implead Sarasota Shoppingtown, LLC, “the owner/landlord of the premises [Costco] leased to operate the Costco warehouse store in close proximity to the location where [Mr. Susshine] allegedly tripped and fell.” (Doc. 38, p. 2). Costco's proposed third-party complaint contends Sarasota Shoppingtown “is a Delaware limited liability company” and raises counts of contractual indemnification and contribution. (Id. at Ex. A). Costco alleges its lease with Sarasota Shoppingtown includes an indemnification provision. (Id.). Costco's allegations are in some way dependent upon the outcome of Mr. Susshine's main claims against Costco.

Costco's Motion for Leave to File a Third-Party Complaint (Doc. 38) is thus GRANTED.

ORDERED in Tampa, Florida on June 2, 2022.