 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Triton Realty Limited Partnership v. Almeida8/17/2005
erest. " he 'mere fact that a lawsuit may impede a third party's ability to recover in a separate suit ordinarily does not give that party a right to intervene.'" In re Healthsouth, 219 F.R.D. at 692 (quoting TIG Specialty Ins. Co. v. Fin. Web.com, Inc., 208 F.R.D. 336, 337 (M.D. Fla. 2002)); see also Ace American Ins. Co., v. Paradise Divers, Inc., 216 F.R.D. 537, 538 (S.D. Fla. 2003); Independent Petrochemical Corp. v. Aetna Cas. & Surety Co., 105 F.R.D. 106, 110-11 (D.C. Cir. 1985); General Star Indemnity Co. v. Virgin Islands Port Authority, 224 F.R.D. 372, 375 (D.V.I. 2004); compare LMI Ins. Co. v. Precision Millwork Co., No. 2:98-CV-2-BO(1), 1998 U.S. Dist. LEXIS 15387 *4 (July 24, 1998) (holding that where proposed intervenors had an interest in a specific fund of insurance proceeds rather than "merely a generalized interest that [the defendant] have sufficient resources to satisfy a favorable judgment," intervention should be permitted). This Court concludes that Gauvin has not demonstrated a direct, significant, and legally protectable interest in the outcome of the litigation. The Court cannot reach the remaining factors of the analysis, as both are dependent on the existence of a protectable interest. See Independent Petrochemical Corp., 105 F.R.D. at 110 (noting that the existence of a protectable interest is a threshold requirement).
In addition to the foregoing, the Court finds that policy concerns also militate against allowing the plaintiff's proposed intervention. Allowing Gauvin to intervene here would frustrate the efficient disposition of the plaintiffs' claims against the remaining defendants in this lawsuit.
As Gauvin notes in her memorandum, there are hundreds of claimants in federal court asserting personal injury claims against the plaintiffs. Allowing Gauvin to intervene would open a floodgate to any and all of those individuals who might wish to intervene as well. See id. at 111. Furthermore, so enlarging the scope of the present litigation could have the practical effect of further draining the plaintiff's assets. As Gauvin has only the most attenuated, hypothetical interest in the outcome of this litigation, her motion to intervene as a matter of right is denied. She has not moved the Court to allow her intervention permissively, so the Court will not address the issue. General Star Indemnity Co., 224 F.R.D. at n.1.
CONCLUSION
After reviewing the pleadings and relevant authority, the Court concludes that the plaintiffs' claim against Burlington must be dismissed for failure to state a claim upon which relief may be granted. Gina Gauvin's motion to intervene as a matter of right is denied as she has no legally protectable interest in the matter before the Court. The remaining parties shall submit an order for entry, consistent with this opinion.
Page 1 2 3 4 5 Rhode Island Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|