Rohrer Brothers, Inc. v. Super Fresh Wholesale Foods Inc. et al

Filing 23

ORDER granting 8 Motion to Intervene, signed by Judge Garland E. Burrell, Jr., on 4/12/11. Movant has ten days leave from the date this order is filed to file the proposed "Intervening Complaint" attached to its motion. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROHRER BROTHERS, INC., a
California corporation,
Plaintiff,

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v.

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SUPER FRESH WHOLESALE FOODS
INC., a California corporation,
HOWARD HARTMAN, JR., an
individual, and HOWARD HARTMAN,
III, an individual,

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Defendants.
________________________________

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2:10-cv-03390-GEB-CMK
ORDER GRANTING MOTION TO
INTERVENE*

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Intervenor-Applicant Greenfield Fresh, Inc. (“Movant”) moves

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to intervene as a Plaintiff in this action, arguing it is entitled to

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intervene as a matter of right under Federal Rule of Civil Procedure

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(“Rule”) 24(a)(2) or, in the alternative, permissively under Rule 24(b).

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Movant attached to its intervention motion a proposed “Intervening

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Complaint.” No party opposes the motion.
Since it is evident that movant may intervene under Rule

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24(b), this portion of the motion is granted, and

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intervention

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Therefore, the Movant has ten days leave from the date on which this

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order is filed within which to file the proposed “Intervening Complaint”

is

appropriate

under

Rule

the issue of whether

24(a)(2)

is

not

reached.

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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attached to its motion.

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Dated:

April 12, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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