Continuing this week’s Civil Procedure and golf themes, a judge from the Eastern District of Pennsylvania dismissed a third-party complaint because it was filed by the defendants too late and without court permission. Federal Rule of Civil Procedure 14 states that a defending party filing a third-party complaint “must, by motion, obtain the court’s leave if it files the third-party complaint more than 10 days after serving its original answer.” Here, the defendants filed their third-party complaint more than five months after they answered, and without first seeking leave of court.
The defendants’ names? Limerick Golf Club, Inc. and Limerick Golf Club Estates, Inc. (collectively, “Limerick”). Concluding that Limerick didn’t justify the late filing, Judge Berle M. Schiller dismissed their third-party complaint. Stating that Limerick’s “sub-par performance occurred in the pleading stage of this case and not on the golf course,” the court closed with a rhyme:
With arguments hard to resist,
The movant correctly insists,
His joinder was tardy,
And so the third party
Complaint is hereby dismissed.
Hat tip to Law.com for the story and where you can find additional details on the suit. Court’s opinion here.