Rob Tinsley Properties, LLC v. Daylight Petroleum, LLC; Daylight Petroleum, LLC v. Ronald L. Johnson

Summary

The United States District Court for the District of Kansas granted Rob Tinsley Properties, LLC’s motion to strike Daylight Petroleum, LLC’s third-party complaint against Ronald L. Johnson. The court concluded that Daylight had not shown derivative liability under Federal Rule of Civil Procedure 14 and that Kansas comparative-fault law does not support impleader of a joint tortfeasor for contribution or indemnification. Daylight’s motion for default judgment against Johnson was therefore deemed moot.

Holdings

1. A motion to strike a third-party claim under Rule 14(a)(4) is not subject to an established 21-day deadline under Rule 12(f) where Rule 14(a)(4) provides no time limit and the governing circuit has not held that Rule 12(f)'s deadline applies.
2. Daylight could not implead Johnson under Rule 14 because its claims were based on Johnson's alleged direct liability for Tinsley's damages rather than liability derivative of Daylight's potential liability to Tinsley.
3. Daylight's motion for default judgment was moot after the court struck and dismissed the third-party complaint.

Questions Presented

1. Whether Tinsley's motion to strike Daylight's third-party complaint was untimely under Federal Rule of Civil Procedure 12(f).
2. Whether Daylight's claims against Johnson were derivative claims properly brought under Federal Rule of Civil Procedure 14(a).
3. Whether Daylight's motion for default judgment against Johnson remained justiciable after the third-party complaint was stricken.

Disposition

dismissed