Robertson v. CertainTeed Corporation

Filing 28

ORDER granting 26 Motion to Intervene and directing the Intervenors to file their proposed complaint by 10/5/12. Signed by Judge D. P. Marshall Jr. on 9/26/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

PLAINTIFF

JOHN ROBERTSON

v.

No. 4:11-cv-511-DPM

CERTAINTEED CORPORATION
and BEN DAVIS PROPERTIES
MANAGEMENT, LLC

DEFENDANTS

ORDER

Avizent moves to intervene in this case. Document No. 26. The potential
intervenors allege that they have paid Robertson a total of $99,789.11 for
medical expenses and disability benefits because of the accident that gave rise
to this lawsuit. They argue that they therefore have a right to subrogation
under the laws of Alabama -the place where the contract between Robertson
and CertainTeed was created.
None of the parties to the pending action have objected. And it appears
that the potential intervenors satisfy the requirements of Federal Rule of Civil
Procedure 24(a)(2), which governs intervention of right. The Court therefore
grants the motion to intervene, Document No. 26. Intervenors must file their
proposed complaint by 5 October 2012.

So Ordered.
1l

D.P. Marshall Jr.
United States District Judge

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