UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 CT Belt-Wright, 5 Case No. 2:23-cv-00400-GMN-VCF Plaintiff, 6 vs. ORDER

7 Lyft, Inc., MOTION FOR LEAVE TO FILE DOCUMENT [ECF NO. 25] 8 Defendant.

9 10 Defendant U-Haul filed a motion for leave to file a third-party complaint. ECF No. 25. I grant 11 the motion. 12 I. Background 13 This is a personal injury case arising out of a car accident. Defendant U-Haul alleges that third 14 party Christopher Faifaimalie struck plaintiff in a rented U-Haul, yet plaintiff does not name Faifaimalie 15 as a defendant. ECF No. 25 at 3. U-Haul argues that in its motion for leave to file a third-party 16 complaint that Faifaimalie is an indispensable party to this litigation. Id. at 4. Plaintiff argues in his 17 response that U-Haul’s motion is improper because there is no evidence that Faifaimalie would be 18 responsible for the claims against U-Haul. ECF No. 27 at 5. U-Haul argues in the reply that the plain 19 20 text of Rule 14 allows impleader of Faifaimalie and that impleader is appropriate for derivative claims 21 such as indemnity and contribution. ECF No. 33 at 2. 22 II. Analysis 23 FRCP 14(a)(1) states that 24 A defending party may, as third-party plaintiff, serve a summons and 25 complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer. ° Plaintiff alleges that Faifaimalie, while under the influence and driving a UHCA vehicle, drove across the center line and collided head-on into Plaintiff's vehicle. ECF No. 9-1. These facts may possibly give rise to claims by U-Haul for indemnity and contribution against Faifaimalie. See NRS

‘ 17.225; Republic Silver State Disposal, Inc. v. Cash,

, 746 (2020)( A claim for

contribution arises where “a tortfeasor who has paid more than his or her equitable share of the common

8 liability” may recover the excess from a second tortfeasor.”). Plaintiff will not be prejudiced here, g || because plaintiff could move to dismiss. I find that U-Haul properly asserted claims against Faifaimalie 10 || under FRCP 14. 11 ACCORDINGLY, 12 I ORDER that defendant U-Haul’s motion for leave to file a third-party complaint (ECF No. 25) '3 ll is GRANTED. Defendant U-Haul has until Thursday, September 28, 2023, to file the third-party i complaint on the docket. IT IS SO ORDERED. ° DATED this 21st day of September 2023.

18 CAM FERENBACH 19 UNITED STATES MAGISTRATE JUDGE

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