Costello v. Glen Wood Company

1 | TYSON & MENDES LLP THOMAS E. MCGRATH 2 || Nevada Bar No. 7086 Email: tmcgrath@tysonmendes.com 3 || RACHEL J. HOLZER Nevada Bar No. 11604 4 || Email: rholzer@tysonmendes.com 3960 Howard Hughes Parkway, Suite 600 5 || Las Vegas, Nevada 89169 Tel: (702) 724-2648 6 || Fax: (702) 938-1048 Attorneys for Defendant Glen Wood Company d/b/a Wood Brothers Racing UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ANDREA NICOLE COSTELLO, an Case No. 2:19-cv-01752-APG-BNW 10 || individual; 1] Plaintiff, STIPULATION AND [PROPOSED] ORDER 3 FOR LEAVE TO FILE THIRD-PARTY 12 || vs. COMPLAINT AGAINST NEVADA SPEEDWAY, LLC = * 13 || GLEN WOOD COMPANY d/b/a WOOD 5 3 BROTHERS RACING, a foreign g & 14 | corporation; DOE Individuals 1-10; DOE 2 Employees 11-20; and ROE Corporations 21- = 2 15 □ 30; = 16 Defendants. "17 18 Plaintiff ANDREA NICOLE COSTELLO and Defendant GLEN WOOD COMPANY 19 || d/b/a WOOD BROTHERS RACING (hereafter “Glen Wood”), by and through their respective 20 || undersigned counsel of record, and stipulate as follows for an order granting Glen Wood leave to 21 || file its [Proposed] Third-Party Complaint against Nevada Speedway, LLC. 22 WHEREAS, this is a personal injury case in which Plaintiff claims Glen Wood’s 23 || employee, while acting in the course and scope of his employment as a Glen Wood race team 24 || member, injured Plaintiff while she was in the restricted pit area of the Las Vegas Motor 25 || Speedway, during a NASCAR race that took place on or about September 16, 2018, pursuant to 26 || a Single Event License Pass issued by NASCAR. (See Pl.’s Compl.., at 99 9-15.) 27 WHEREAS, based on information recently learned, Defendant Glen Wood seeks to 28 || implead Nevada Speedway, LLC, which Defendant believes is the owner and operator of the Las 1 || Vegas Motor Speedway, under the doctrines of equitable indemnity and contribution based upon 2 || Glen Wood’s information and belief regarding the existence of an agreement between Nevada 3 || Speedway, LLC and Glen Wood providing for such indemnity. (See Glen Wood’s [Proposed] 4 || Third Party Complaint against Nevada Speedway, LLC, attached hereto as Exhibit A.) 5 WHEREAS, Federal Rule of Civil Procedure 14(a)(1) provides a defending party may, as 6 || a third-party plaintiff, implead “a nonparty who is or may be liable to it for all or part of the 7 || claim against it.” 8 WHEREAS, “[t]he decision whether to implead a third-party defendant is addressed to 9 || the sound discretion of the trial court” (Sw. Administrators, Inc. v. Rozay's Transfer, 791 F.2d 10 || 769, 777 (9th Cir. 1986)); who in exercising such discretion considers the following four factors: 11 || “prejudice to the original plaintiff, complication of issues at trial, likelihood of trial delay, and : , 2 timeliness of the motion to implead” (Paradise Nw. Inc. v. Randhawa, No. 2:09CV02027 MCE 13 || DAD, 2010 WL 1487874 , at *1 (E.D. Cal. Apr. 13, 2010)). 14 WHEREAS, impleader of Nevada Speedway, LLC as a third-party defendant is proper 15 || under Rule 14(a) because Nevada Speedway, LLC’s liability to Glen Wood under the doctrine of 16 || equitable indemnity/contribution is derivative of Glen Wood’s alleged liability to Plaintiff. See 17 || Stewart v. Am. Int'l Oil & Gas Co., 845 F.2d 196, 199 (9th Cir. 1988) (clarifying “a third-party 18 || claim may be asserted only when the third party's liability is in some way dependent on the 19 || outcome of the main claim and is secondary or derivative thereto”). 20 WHEREAS in the January 29, 2020 Stipulation and Order to Extend Discovery (First 21 |} Request) (ECF No. 17) entered by Magistrate Brenda Weksler set April 14, 2020, as the deadline 22 || for joining non-parties. (See ECF No. 17, at 3:11.) 23 WHEREAS Glen Wood, by the instant stipulation and proposed order, timely seeks leave 24 || to implead Nevada Speedway, LLC before the April 14, 2020 deadline. 25 WHEREAS Plaintiff does not object to the impleader of Nevada Speedway, LLC and the 26 || parties have not exchanged expert reports or conducted depositions. 27 WHEREAS Third-Party Defendants Speedway Motorsports, Inc. and Speedway 28 || Motorsports LLC have not answered or otherwise appeared in this matter. 1 WHEREAS, because Glen Wood’s proposed claims against Nevada Speedway, LLC are 2 || based on Plaintiff's allegations against Glen Wood (see ECF No. 11, at 2:10-13), the impleader 3 || of Nevada Speedway, LLC will not unduly complicate the issues at trial or inject extraneous 4 || issues into the action. 5 NOW THEREFORE, Plaintiff and Glen Wood stipulate and respectfully request that the 6 || Court enter an order granting Glen Wood leave to file the attached [Proposed] Third Party 7 || Complaint against Nevada Speedway, LLC. Dated this 10" day of February 2020. Dated this 10" day of February 2020. 10 COGBURN LAW TYSON & MENDES LLP — 11 — 3 By: Joseph J. Troiano By: /s/Rachel J. Holzer , 2 Jamie S. Cogburn, Esq. Thomas E. McGrath, Esq. = Nevada Bar No. 8409 Nevada Bar No. 7086 5 13 Joseph J. Troiano, Esq. Rachel J. Holzer, Esq. = 14 Nevada Bar No. 12505 Nevada Bar No. 11604 5 2580 St. Rose Parkway, Suite 330 3960 Howard Hughes Parkway, Suite 600 = 2 15 || Henderson, Nevada 89074 Las Vegas, NV 89169 Attorneys for Plaintiff Attorneys for Defendant — 16 — 17 ORDER 18 Good cause having been shown, and on stipulation of the parties, the Court hereby grants 19 Defendant GLEN WOOD COMPANY d/b/a WOOD BROTHERS RACING leave to file its 20 [Proposed] Third Party Complaint against Nevada Speedway, LLC. — 21 — IT 1S SO ORDERED — 22 — 3 DATED: February 11, 2020 — 24 — 2 Sx les re bat °° | BRENDA WEKSLER 27 UNITED STATES MAGISTRATE JUDGE — 28 —