Case Information
*1 DUGAN, District Judge:
In this removed matter, Plaintiff Diana Cuddeback alleges that she tripped and fell g in personal injuries (Doc. 14). In her Amended Complaint, Plaintiff alleges that Walmart hired Defendant Divisions, Inc. to clear the snow and ice from the parking lot and Divisions ripped a rubber cover from the lot exposing the bolt 14, ΒΆ 1). Now before the Court is Divisions, Inc. (Doc. 30). No parties filed
for doing so has now passed. Walmart further filed its Motion prior to the deadline for seeking leave to amend pleadings ( See Doc. 11-1).
Walmart asserts that Divisions is required to indemnify and defend Walmart with a Master Service Agreement between Walmart and Divisions (Doc. 30). Walmart further alleges that Divisions failed to procure insurance for the parking lot maintenance it conducted in breach of their agreement ( Id. ). Federal Rule of Civil Procedure 13(g) eading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the Fed. R. Civ. P. 13(g)
fit within the scope of Rule 13(g). g) does not impose any time limitations on the filing
of cross-claims, once the parties have filed their initial pleadings, any motion to amend those pleadings and file a cross-claim must be made pursuant to Federal Rule of Civil Tragarz v. Keene Corp. , 980 F.2d 411, 431 (7th Cir. 1992). Walmart has already filed its initial pleading ( See Doc. 17), and thus must obtain leave before filing its crossclaim. Federal Rule of Civil Procedure 15(a)(2) allows a party to "amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a). for leave. However, the parties did not file a response to the Motion, and the time for doing so has now passed. The "[f]ailure to timely file a response to a motion may, in the *3 Court's discretion, be considered an admission of the merits of the motion." SDIL-LR 7.1. The Court finds it appropriate to exercise its discretion here and finds that Plaintiff and Defendant Divisions, Inc. admit the merits of the Motion.
Accordingly, and being further mindful that leave to amend should be freely given when justice so requires, see Fed. R. Civ. P. 15(a); Charleston v. Bd. of Trustees of Univ. of Illinois at Chicago , 741 F.3d 769, 776 (7th Cir. 2013), the Court GRANTS for Leave (Doc. 30). Walmart, Inc. is DIRECTED to file its Crossclaim by May 6, 2022. SO ORDERED.
Dated: May 2, 2022 ______________________________ DAVID W. DUGAN United States District Judge 3
