Reginald Keith Clark v. The People of the State of Colorado., 2024 CO 55

Facts

Plaintiff Will Cruz filed a complaint against AerSale, Inc. alleging violations of the Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NMMWA) on November 10, 2022 [lines="32-33"].
AerSale subsequently filed a Third-Party Complaint against multiple staffing companies seeking indemnification and contribution on June 3, 2024, approximately sixteen months after the initial complaint [lines="46-47"].
Cruz moved to strike or sever AerSale's Third-Party Complaint on the basis that it was untimely and that the staffing companies were not necessary parties to the litigation [lines="19-20"], [lines="56-61"].
AerSale argued that its third-party claims were timely and that the staffing companies were necessary parties under the FLSA and NMMWA [lines="67-75"].
The court granted Cruz’s Motion in part to sever the claims against the staffing companies into a separate case while allowing claims against Launch Technical Workforce Solutions, LLC and Strom Aviation, Inc. to remain [lines="30"], [lines="409-412"].

Issues

Whether AerSale's Third-Party Complaint was untimely under Federal Rule 14 and whether the court should strike or sever it [lines="56-57"].
Whether AerSale's claims of indemnification and contribution against the staffing companies are permissible under the FLSA and NMMWA [lines="58-59"].

Holdings

The court found AerSale's Third-Party Complaint untimely and granted severance to promote judicial economy, prevent delay, and facilitate resolution of Cruz's claims [lines="282-283"], [lines="375"].
The court did not rule on the merits of AerSale's claims for indemnification and contribution at this juncture, deferring that matter to the separate case involving the staffing companies [lines="440-442"].

OPINION