Brantley v. UPS Ground Freight Inc et al

Filing 270

ORDER directing the Clerk to terminate No. 268 as a separate motion. 251 Motion to Intervene is granted as modified. The request to join this dispute on the merits is untimely. The Court exercises its discretion in these circumstances and grants limited permissive intervention. Bridgefield may participate on three issues: any settlement, the terms of any Judgment, and the existence and enforcement of any lien. Bridgefield must file another proposed complaint, addressing only these issues rather than the underlying merits, and acknowledging its contingent interest, by 4/12/2019. Signed by Judge D. P. Marshall Jr. on 3/27/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KIMBERLY D. BRANTLEY, Administratrix
of the Estate of Benjamin Brantley, Deceased

PLAINTIFF

No. 3:16-cv-352-DPM

v.

UPS GROUND FREIGHT, INC.;
OPTIMUM STAFFING, INC., d/b/a
Optimum Logistic Solutions;
ROBERT L. WOODALL; and John Does 1-6

DEFENDANTS

ORDER
1.

The Court notes and accepts UPS' s joinder in Optimum and

Woodall' s opposition to Bridgefield' s motion to intervene. The Court
directs the Clerk to terminate NQ 268 as a separate motion.
2.

Bridgefield' s motion to intervene, NQ 251, is granted as

modified. Bridgefield' s proposed complaint makes many substantive
claims in detail, while its motion says this workers' compensation
carrier will be a non-participating party. The request to join this dispute
on the merits is untimely.

FED.

R. Crv. P. 24;

U.S. Bank National

Association v. State Farm Fire & Casualty Company, 765 F.3d 867, 869-70

(8th Cir. 2014). This case is in its final stages: discovery is done; pretrial
motions are being briefed for a comprehensive hearing in June; and
trial is set first out in October. Brantley's estate, moreover, has and will
adequately represent this family on the merits; the estate has and will

represent the carrier's potential interests indirectly.

Bridgefield will

have a statutory lien if, but only if, Brantley (through his estate) is made
whole by the case. Riley v . State Farm Mutual Automobile Insurance
Company, 2011 Ark. 256, at 11-16, 381 S.W.3d 840, 848-50. Until then,

the insurer's interest is uncertain. The Court exercises its discretion in
these circumstances and grants limited permissive intervention, FED. R.
CIV. P. 24(b)(l)(B). Bridgefield may participate on three issues: any
settlement, the terms of any Judgment, and the existence and
enforcement of any lien. Amos v . Stroud, 252 Ark. 1100, 1104, 482 S.W.2d
592, 594-95 (1972). Bridgefield must file another proposed complaint,
addressing only these issues rather than the underlying merits, and
acknowledging its contingent interest, by 12 April 2019.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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