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American Safety Indemnity v. National Union Fire Insurance Company of Pittsburgh

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 14, 2011

AMERICAN SAFETY INDEMNITY
COMPANY,
PLAINTIFF,
v.
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, DEFENDANT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE THIRD PARTY COMPLAINT

Pending before the Court is Defendant's motion for leave to file a third party complaint against Virginia Surety Company, Inc. (Doc. 56.) No opposition to the motion was filed. "The decision whether to permit impleader is left to the discretion of the trial court. . . . In deciding whether to permit impleader, a court must consider the following: (1) prejudice to the original plaintiff; (2) complication of issues at trial; (3) likelihood of trial delay; (4) timeliness of the motion to implead." Irwin v. Mascott, 94 F. Supp. 2d 1052, 1056 (9th Cir. 2000)(citation omitted). Consideration of these factors here weighs in favor of permitting impleader. Accordingly, Defendant's motion is granted.

IT IS SO ORDERED.

20110714

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