United States District Court, S.D. New York
September 20, 2005.
KAREN GARLAND, Plaintiff,
MARRIOTT INTERNATIONAL, INC., Defendant.
The opinion of the court was delivered by: RONALD ELLIS, Magistrate Judge
OPINION AND ORDER
On September 15, 2004, this action was removed to this Court
from the Supreme Court, New York County pursuant to
28 U.S.C. § 441 and § 1332. Plaintiff Karen Garland alleges that she
sustained personal injuries as a result of a defective condition
on the premises of defendant the Marriott International, Inc.
("Marriott"). On November 9, 2004, the Court issued a scheduling
order which provided that no additional parties were to be joined
after January 3, 2005, except for good cause shown. On September
2, 2005, defendant Marriot filed a motion for leave to commence a
third-party action against two additional parties. The Court held
a conference on September 20, 2005. Marriott's motion is
In pertinent part, Marriott argues both on its motion papers
and orally at the conference that its motion should be granted
because it would not have known that a potential claim existed
against these additional parties until Garland's deposition was
conducted on May 19, 2005. Garland orally opposed the motion at
the conference. The Court finds that Marriott has not shown good
cause. In light of the Court's November 9, 2004 order, Marriott
should have conducted Garland's deposition at an earlier time.
Marriott's motion for leave to commence a third-party action is
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