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Withers v. Schneider Nat'l Carriers, Inc.

United States District Court, E.D. Texas, Marshall Division

January 22, 2014

WAYNE WITHERS and wife, CATHY WITHERS, Plaintiffs,
v.
SCHNEIDER NATIONAL CARRIERS, INC., Defendant

For Mark W Gilbert, Mediator: Mark W Gilbert, Gilbert Mediation Group, Dallas, TX.

For Wayne Withers, Plaintiff: Mark Lynn Edwards, The Edwards Law Firm - Dallas, Dallas, TX; Matthew B Patterson, Trevor J Furlong, The Edwards Law Firm, McAlester, OK; William Cullen McMahon, W. Cullen McMahon PLLC, Dallas, TX.

For Cathy Withers, Plaintiff: Mark Lynn Edwards, The Edwards Law Firm - Dallas, Dallas, TX; William Cullen McMahon, W. Cullen McMahon PLLC, Dallas, TX.

For Ron L. Adkison, Intervenor Plaintiff: Ron Adkison, Adkison Law Firm, Henderson, TX.

For Schneider National Carriers, Inc., Defendant: James David Stanton, LEAD ATTORNEY, Law Offices of James D Stanton, Dallas, TX; Tiffany Rae Serbousek, The Law Offices of James Stanton LP, Dallas, TX.

Page 687

MEMORANDUM AND OPINION

RODNEY GILSTRAP, UNITED STATES DISTRICT JUDGE.

Before the Court is Defendant Schneider National Carriers' (" Defendant" ) Motion for Leave to Designate Knife River Corporation as a Responsible Third Party under Texas Civil Practice and Remedies Code Section 33.004(a). (Dkt. No. 53.) Having considered the parties' written submissions, the Court DENIES the Motion.

I. Background

This diversity action arises from a vehicular accident between a motorcycle operated by Plaintiff Wayne Withers and a tractor-trailer owned by Defendant. The accident occurred on October 4, 2011 in a highway construction zone, when the driver of the tractor-trailer allegedly failed to yield the right of way at a stop sign and turned his vehicle directly into the path of Plaintiff's motorcycle, causing a collision between the two vehicles. Plaintiff Wayne Withers allegedly suffered bodily injury as a result of the collision. Knife River Corporation (" Knife River" ) was the construction company working in the construction zone where the accident occurred.

Plaintiff filed the instant action against Defendant on February 26, 2013, alleging that Defendant's negligence in operating the tractor-trailer caused his injury. The Court issued a Docket Control Order on July 10, 2013, giving the parties until December 4, 2013 to conduct relevant discovery. (Dkt. No. 15.) Within the same order the Court set a jury selection date on March 3, 1014. On December 5, 2013, Defendant filed the instant motion, accompanied by an Amended Answer, seeking to designate Knife River as a responsible third party under Texas Civil Practice and Remedies Code Section 33.004(a).

II. Applicable Law

Under Texas Civil Remedy and Practice Code 33.004(a), " a defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate... on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date." A defendant, however, may not designate a person as a responsible third party with respect to a claimant's cause of action after the expiration of the applicable limitations period with respect to the responsible third party, " if the defendant has failed to comply with its obligations, if any, to timely disclose that the ...


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