Corrigan et al v. Owens-Brockway Glass Container, Inc.

Filing 33

ORDER signed by District Judge Kimberly J. Mueller on 8/10/2017 GRANTING 18 Barrett's Motion to Intervene; and DIRECTS Barrett to file its complaint in intervention within 7 days. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY CORRIGAN, et al.,

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No. 2: 16-cv-00298-KJM-CKD

Plaintiffs,
ORDER

v.
OWENS-BROCKWAY GLASS
CONTAINER, INC.,
Defendant.

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This is a negligence suit based on a forklift accident that severely injured plaintiff

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Gary Corrigan. Mr. Corrigan and his wife now sue Mr. Corrigan’s former employer, Owens-

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Brockway Glass Container, Inc., for damages. When the accident happened, Mr. Corrigan was

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jointly employed by defendant and another company named Barrett Business Services, Inc.

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(“Barrett”). Since the accident, Barrett has been paying Mr. Corrigan workers’ compensation

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benefits based on his injuries. Barrett now moves to intervene to protect its financial stake in the

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outcome. Mot. to Intervene, ECF No. 18. The motion is unopposed. Pls.’ Non-Opp’n, ECF No.

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21; Def.’s Non-Opp’n, ECF No. 25. The court submitted the matter without a hearing on June

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28, 2017. ECF No. 31. As explained below, this court GRANTS the motion.

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When an outside entity wants to become a party to a pending lawsuit, that entity
may file a motion to intervene as provided by Rule 24 of the Federal Rules of Civil
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Procedure. To be admitted into the lawsuit, the intervenor must have an interest in the subject

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matter of the original suit. Rule 24 permits two types of intervention: intervention as of right and

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permissive intervention. Fed. R. Civ. P. 24(a), (b). Barrett cites both avenues as bases for its

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intervention. The substantive result would be the same under either.

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The court starts with the more lenient requirements under Rule 24(b) for

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permissive intervention. Rule 24(b) provides, in relevant part, ‘[u]pon timely application, anyone

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may be permitted to intervene in an action . . . when an applicant’s claim or defense and the main

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action have a question of law or fact in common . . . .” Fed. R. Civ. P. 24(b). The court’s

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discretion to grant or deny Rule 24(b) permissive intervention is broad. See Spangler v.

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Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977) (citation omitted).

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Here, Barrett satisfies the requirements for permissive intervention. First, the

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motion is timely. Trial is not slated to begin until December 18, 2017, and the intervention will

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not cause any delay or prejudice. There also exist common questions of fact or law between the

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intervenor’s claim and the original plaintiffs’ claims. Freedom from Religion Found., Inc. v.

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Geithner, 644 F.3d. 836, 843 (9th Cir. 2011) (citation omitted). “A common question of law or

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fact routinely exists if the intervenor has a claim against the defendant that is identical to a claim

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asserted by the existing plaintiff.” See 3B J. Moore, Moore's Federal Practice ¶ 24.11 (3d ed.

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2012). Barrett is not adding different claims; it merely seeks to intervene based on its financial

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interest in the outcome of plaintiffs’ existing claims. See ECF No. 18 at 10-13 (complaint-in-

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intervention for subrogation damages). Indeed, Barrett has been paying Mr. Corrigan workers’

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compensation benefits based on the very injuries giving rise to plaintiffs’ claims. The

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intervention thus comprises common questions of fact and law.

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In sum, Barrett meets the requirements for permissive intervention. The court

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need not analyze the more stringent requirements for intervention as of right under Rule 24 (a).

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The court GRANTS Barrett’s motion to intervene, and directs Barrett to file its
complaint in intervention with seven (7) days.

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IT IS SO ORDERED.

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This order resolves ECF No. 18.

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DATED: August 10, 2017.

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UNITED STATES DISTRICT JUDGE

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