Mitchell v. Felker et al

Filing 378

ORDER DENYING ROBERT GIBSON'S MOTION TO INTERVENE AND DEMAND FOR DAMAGES AND INJUNCTIVE RELIEF signed by District Judge Troy L. Nunley on 10/7/15. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MITCHELL, et al.,
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v.
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Case No. 2:08-CV-01196-TLN-EFB
Plaintiffs, ORDER DENYING ROBERT GIBSON’S
MOTION TO INTERVENE AND
DEMAND FOR DAMAGES AND
INJUNCTIVE RELIEF

MATTHEW CATE, et al.,
Defendants.

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Robert Gibson is a member of the Plaintiff Class and has moved to intervene in this class-

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action suit, which has already settled. He also seeks money damages and injunctive relief for

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alleged violations of the settlement agreement (Stipulated Settlement), even though the Court had

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not yet given final approval of the settlement at the time the alleged violations occurred.

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Gibson has not and cannot satisfy the intervention requirements of Federal Rule of Civil

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Procedure 24. In particular, his motion is untimely and he has failed to demonstrate that he is not

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adequately represented by the class representatives and class counsel or any other grounds that

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would warrant his intervention. Accordingly, the Court DENIES Gibson’s motion to intervene.

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Furthermore, Gibson cites no authority indicating that he is entitled to monetary damages or

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injunctive relief. The Stipulated Settlement, by which Gibson is bound, dictates the relief

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available to the Plaintiff Class, and the appropriate process for obtaining relief, if Defendants do
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Order (2:08-CV-01196-TLN-EFB)

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not comply with the Stipulated Settlement’s terms. The Stipulated Settlement does not permit

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individual class members to directly obtain relief from the Court, as Gibson has attempted to do

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with his motion. Accordingly, the Court DENIES Gibson’s request for monetary damages and

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injunctive relief.

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IT IS SO ORDERED.

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Dated: October 7, 2015

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Troy L. Nunley
United States District Judge

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Order (2:08-CV-01196-TLN-EFB)