Disney v. Kenworth

Filing 59

ORDER Granting Liberty Mutual Insurance Company's Motion to Intervene re 50 , 55 signed by Magistrate Judge Gary S. Austin on 5/7/2014. (Martinez, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THERESA DISNEY, 12 13 14 15 12-cv-484 AWI-GSA Plaintiff, v. KENWORTH et al., Defendants ORDER GRANTING LIBERTY MUTUAL INSURANCE COMPANY’S MOTION TO INTERVENE (Docs. 50 and 55) 16 17 18 On March 14, 2014, Liberty Mutual Insurance Company (“Liberty Mutual”) filed a 19 Complaint in Intervention. (Doc. 50). It subsequently filed a Motion to Intervene on April 16, 20 2014. (Doc. 55). Defendant Capacity of Texas, Inc. filed a non-opposition to the motion on 21 April 4, 2014. (Doc.53). Plaintiff, Theresa Disney (“Plaintiff”) also filed a non-opposition on 22 23 April 29, 2014. (Doc. 58). The Court has taken the matter under submission pursuant to Local Rule 230(g). Liberty 24 25 26 Mutual filed this motion because it paid Plaintiff workers’ compensation benefits as a result of personal injuries Plaintiff sustained at work which are at issue in this case. None of the parties 27 oppose the motion. Additionally, it appears that Liberty Mutual has a direct interest in the 28 outcome of this case. Accordingly, Liberty Mutual’s Motion to Intervene pursuant to Federal 1 1 Rule of Civil Procedure 24 is GRANTED. The Complaint in Intervention is deemed filed as of 2 the date of the signing of this order. 3 4 IT IS SO ORDERED. 5 6 Dated: May 7, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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