United States District Court, D. Colorado
Kristen L. Mix United States Magistrate Judge.
matter is before the Court on Non-party Myles Nardi's
(“Nardi”) Motion to Permit Joinder of
Myles Nardi as a New Party [#34] (the
“Motion”). At the time of the filing of the Motion,
Plaintiff Colby Chestnut (“Chestnut”) indicated
he was taking no position at that time, and he did not
subsequently file a response to the Motion. Defendant Gina
Samouel (“Samouel”) filed a Response [#36]
indicating that she is unopposed to the Motion.
Nardi seeks to join this action as a plaintiff pursuant to
the permissive joinder standard of Fed.R.Civ.P. 20(a)(1).
Motion [#34] at 1. Fed.R.Civ.P. 20(a)(1) provides:
Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in
the alternative with respect to or arising out of the same
transaction, occurrence, or series of transactions or
(B) any question of law or fact common to all plaintiffs will
arise in the action.
permitted to join, Mr. Nardi will assert two claims for
relief: (1) a negligence claim against Defendant Samouel, and
(2) a claim for negligence against Plaintiff Chestnut,
including a vicarious liability claim against Plaintiff
Chestnut's employer DP Power Inc., d/b/a DP Power &
Lighting, who is not currently a party but who will be served
if Mr. Nardi's complaint is accepted for filing. See
Nardi Compl. [#34-1].
Court first finds that the requirements of Fed.R.Civ.P.
20(a)(1)(A) are met. The genesis of this lawsuit initiated by
Plaintiff Chestnut is a motor vehicle collision which
occurred on July 23, 2018. Compl. [#16-5] ¶ 4.
Mr. Nardi was a passenger in a vehicle driven by Defendant
Samouel when they were rear-ended by a vehicle driven by
Plaintiff Chestnut. Mr. Nardi specifically states that he
will “seek damages against both Plaintiff and Defendant
for all losses due to the injuries he received in this
collision . . . .” Motion [#34] at 2. Thus,
Mr. Nardi's asserted right to relief for damages arises
from the same occurrence forming the basis of this lawsuit,
i.e., the July 23, 2018 traffic accident.
Court also finds that the requirements of Fed.R.Civ.P.
20(a)(1)(B) are met. The primary question of law or fact
common to Plaintiff Chestnut and Mr. Nardi is the
determination of liability for the vehicle collision, i.e.,
whether Plaintiff Chestnut or Defendant Samouel is liable for
the accident. Motion [#34] at 2. Thus, both
requirements of Fed.R.Civ.P. 20(a)(1) for permissive joinder
of a party as a plaintiff are met.
that both minimum requirements are met, the Court has
discretion whether to permit the joinder. State Distrib.,
Inc. v. Glenmore Distill. Co., 738 F.2d 405, 416-17
(10th Cir. 1984). The Court considers the following factors
when deciding a permissive joinder motion after the
requirements of Rule 20(a)(1) are met:
[T]he possible prejudice that may result to any of the
parties in the litigation, the delay of the moving party in
seeking an amendment to his pleadings, the motive that the
moving party has in seeking such amendment, the closeness of
the relationship between the new and the old parties, the
effect of an amendment on the court's jurisdiction, and
the new party's notice of the pending action.
MDM Grp. Assocs., Inc. v. Midgett Realty, Inc., No.
07-cv-02543-WDM-CBS, 2008 WL 2756926, *4 (D. Colo. July 14,
the first factor, whether prejudice may result to any of the
parties in the litigation, Mr. Nardi asserts that
“[t]he current parties would not be prejudiced”
and that his joinder would “achieve global
economy” by allowing Plaintiff Chestnut and Defendant
Samouel to “only have to pay litigation costs
once.” Motion [#34] at 2. Given the lack of
opposition to the Motion and a lack of anything in the record
contradicting Mr. Nardi's statements, the Court finds
that this factor weighs heavily in favor of permitting
the second factor, the delay of the moving in party in
seeking an amendment to the pleadings, Mr. Nardi filed the
present Motion [#34] less than two weeks after the Scheduling
Conference was held and well before the July 5, 2019 deadline
for joinder of parties and amendment of pleadings had passed.