Megan Krainski v. Rebecca Mill

MEMORANDUM

Kenya Polee appeals from the district court’s dismissal of her third-party complaint. We affirm. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

I

The district court did not err in rejecting Polee’s attempt to implead a third party pursuant to Federal Rule of Civil Procedure 14(a), a decision that we review for abuse of discretion. Brockman v. Merabank, 40 F.Bd 1013, 1016 (9th Cir.1994). Rule 14(a) authorizes impleader of a third-party defendant only when the “defendant is attempting to transfer to the third-party defendant the liability asserted against him by the original plaintiff.” Stewart v. Am. Int'l Oil & Gas Co., 845 F.2d 196 , 200 (9th Cir.1988) (quotation marks and citation omitted). Impleader is inappropriate, where, as here, “the alleged third-party claim [merely] arises from the same transaction or set of facts as the original claim.” Id. (quotation marks and citation omitted).

II

The district court also properly dismissed the suit against the State of Nevada and state entity defendants because the defendants enjoy immunity from suit in federal court under the Eleventh Amendment. Yakama…