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Question
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel answered on March 1. On April 20, after inspecting the railing, the hotel moved for leave to file a third-party complaint against the State B contractor that installed the railing, alleging that the contractor must indemnify the hotel under their construction contract if the hotel is liable to the plaintiff.
The hotel also wants to add a claim against the contractor for $30,000 in unrelated roof repairs at another hotel. The plaintiff wants to amend her complaint to assert a negligence claim directly against the contractor for the same balcony collapse. The contractor objects that impleader is improper because the plaintiff could have sued it directly and because adding it will complicate the case.
How should the court rule on the proposed third-party complaint and related claims? Discuss Rule 14 timing, derivative liability, claims by the plaintiff and third-party defendant, and subject-matter jurisdiction.