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Pike v. 7-Eleven of Nevada, Inc.

United States District Court, D. Nevada

January 3, 2020

ELIZABETH PIKE, an Individual; Plaintiff,
v.
7-ELEVEN OF NEVADA, INC., a Foreign Corporation, d/b/a 7-ELEVEN STORE #34000; 7-ELEVEN, INC., a Foreign Corporation, d/b/a 7-ELEVEN STORE #34000; DOES I through X, inclusive; and ROE BUSTNESS ENTITIES XI through XX, inclusive, Defendants.

          RESNICK & LOUIS, P.C. Melissa J. Roose Carissa Christensen Attorneys for Defendant 7-ELEVEN, INC.

          CHRISTIANSEN LAW OFFICE Whitney J. Barrett, Esq. Attorneys for Plaintiff Elizabeth Pike

          STIPULATION AND ORDER FOR LEAVE TO FILE THIRD-PARTY COMPLAINT AND AMEND CAPTION

         IT IS HEREBY STIPULATED by Plaintiff, ELIZABETH PIKE, by and through her attorney of record, Whitney J. Barrett, Esq. of the law firm of Christiansen Law Office and Defendant, 7-ELEVEN, INC., by and through its attorneys of record, Melissa J. Roose, Esq. and Carissa Christensen, Esq., of the law firm of Resnick & Louis, P.C., that Defendant, 7-ELEVEN, INC., will be allowed leave pursuant to FRCP 14(a)(1) to file its Third-Party Complaint against CORE-MARK INTERNATIONAL, INC.

         The parties further stipulate to amend the caption to remove Defendant, 7-ELEVEN OF NEVADA, INC. d/b/a 7-ELEVEN STORE #34000, as it was previously dismissed from this suit on August 7, 2019. A proposed copy of the Third-Party Complaint with the correct amended caption is attached hereto as Exhibit A.

         ORDER

         IT IS HEREBY ORDERED that, pursuant to the parties' Stipulation, leave to file the Third-Party Complaint against CORE-MARK INTERNATIONAL, INC. is GRANTED.

         IT IS FURTHER ORDERED that the caption be amended to remove Defendant, 7-ELEVEN OF NEVADA, INC., a Foreign Corporation, d/b/a 7-ELEVEN STORE #34000 and to add CORE-MARK INTERNATIONAL, INC. as Third-Party Defendant.

         EXHIBIT “A”

         7-ELEVEN, INC.'S THIRD-PARTY COMPLAINT

         Third-Party Plaintiff, 7-ELEVEN, INC., by and through its attorneys of record, Melissa J. Roose, Esq. and Carissa Christensen, Esq., of the law firm of Resnick & Louis, P.C., complains against Third-Party Defendant, CORE-MARK INTERNATIONAL, INC., as follows:

         1. Third-Party Plaintiff, 7-ELEVEN, INC., is, and was at all times relevant to these proceedings, a Foreign Corporation authorized to do business in Clark County, State of Nevada.

         2. Upon information and belief, Third-Party Defendant, CORE-MARK INTERNATIONAL, INC., is, and was at all times relevant to these proceedings, a Foreign Corporation authorized to do and doing business in Clark County, State of Nevada.

         3. Plaintiff, ELIZABETH PIKE, is a Nevada citizen who filed a Complaint in the Eighth Judicial District Court on or about June 10, 2019 naming 7-ELEVEN, INC. as Defendant.

         4. Plaintiff's Complaint alleges that on or about June 15, 2017 while at the 7-Eleven Store #34000 located at 9775 W. Russell Road, Las Vegas, Nevada 89148, Plaintiff tripped and fell over a rolled-up mat that encroached into the walkway which created a hazardous and dangerous condition and risk of harm.

         5. Plaintiff's Complaint asserts causes of action for Negligence- Premises Liability and Negligent Hiring, Training, Retention, and Supervision against 7-ELEVEN, INC.

         6. Third-Party Plaintiff is informed and believes, and therefore alleges that liability, if any, as relates to Plaintiff's causes of action, alleged injuries and damages arise from, relate to and/or were caused by the acts and/or omissions of Third-Party Defendant, its employees, and/or its agents, not 7-ELEVEN, INC.

         7. Specifically, on or about June 15, 2017, Third-Party Plaintiff is informed and believes that Third-Party Defendant, its employees, and/or its agents, not 7-ELEVEN, INC., caused and or created the alleged hazardous and dangerous ...


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