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Simone v. Walmart Inc.

United States District Court, D. Nevada

June 14, 2019

BARBARA SIMONE, an individual, Plaintiff,
v.
WALMART INC. d/b/a “Walmart”, a foreign corporation; DOES 1 through 10 inclusive; and XYZ CORPORATIONS 11 through 20 inclusive and ABC LIMITED LIABILITY COMPANIES 21 through 30, inclusive, Defendants.

          JOHN GREENE VANNAH & VANNAH Attorneys for Plaintiff Barbara Simone

          BETSY JEFFERIS PHILLIPS, SPALLAS & ANGSTADT, LLC Attorneys for Defendant Walmart Inc.

          STIPULATION AND ORDER FOR DEFENDANT WALMART TO TAKE LEAVE TO FILE A THIRD PARTY COMPLAINT

         Plaintiff Barbara Simone (hereinafter “Plaintiff”) and Defendant WALMART, INC. (hereinafter “Walmart” or “Defendant”), by and through their respective counsel of record, do hereby stipulate for Defendant to file a Third Party Complaint against Gatekeeper Systems, Inc. The filing of this Third Party Complaint is proper as through discovery it has been revealed that Gatekeeper Systems, Inc. has contacted with Walmart, Inc. with regard to shopping cart supply, maintenance and repair on the premises and as such Gatekeeper Systems must be added as a party to the matter as it is statutorily and equitably obligated to assume indemnification and contribution of Defendant Walmart pursuant to a master services agreement.

         The parties aver that this stipulation is made by the parties in good faith pursuant to FRCP 14 and not for the purpose of delay. A copy of the proposed Third Party Complaint is attached as Exhibit “A” for the Court's review.

         EXHIBIT A Draft of Third-Party Complaint

         DEFENDANT WALMART INC.'S THIRD PARTY COMPLAINT AGAINST GATEKEEPER SYSTEMS INC.

         COMES NOW, Defendant/Third Party Plaintiff WALMART, INC., by and through its attorneys of record, the law firm PHILLIPS, SPALLAS & ANGSTADT, LLC, and hereby submits its Third Party Complaint against GATEKEEPER SYSTEMS, INC., as follows:

         GENERAL ALLEGATIONS

         1. That at all times relevant herein, Defendant/Third Party Plaintiff Walmart, Inc. was a Delaware corporation licensed to conduct business in the State of Nevada.

         2. That at all times relevant herein, Defendant/Third Party Plaintiff Walmart, Inc. controlled, maintained and operated the premises commonly known as Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

         3. That at all time relevant herein, Third Party Defendant Gatekeeper Systems, Inc. is a California corporation licensed to conduct business in the State of Nevada.

         4. Upon information and belief, that at all times relevant hereto, Third Party Defendant Gatekeeper Systems, Inc. maintained and serviced the shopping carts(s) located on the property of Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122.

         5. That at all times relevant hereto, Third Party Defendant Gatekeeper Systems, Inc. supplied Walmart Store # 3350 located at 5198 Boulder Highway, Las Vegas, NV 89122, with shopping carts to be used by Walmart's customers.

         FIRST CLAIM FOR ...


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