Toberman v. Copa

800 F.Supp. 1239 (M.D.Pa. 1992)

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Nature of the Case

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Facts

Toberman (P) filed a complaint against Copas (D). P alleged negligence and loss of consortium against each D, from a vehicular accident. One of the defendants, Menendez (D2), filed a Third-Party Complaint against Timothy Swarthout and St. Johnsbury Trucking Company, which is the subject of the current motion. D2 alleged that Timothy Swarthout and St. Johnsbury Trucking Co., are solely liable to the Ps, or in the alternative, each Third-Party Defendant is jointly and severally liable, and Defendant/Third Party Plaintiff D2 is entitled to contribution and/or indemnification from the Third-Party Defendants. Third Party Defendants' (D3) filed motion to dismiss relies on Federal Rule of Civil Procedure 12(b)(1) and (b)(6). Specifically, the complaint as worded does not fall within the court's ancillary jurisdiction and does not comport with the pleading requirements of Federal Rule of Civil Procedure 8.