Schreckengast et al v. Carollo et al

Filing 73

ORDER granting 70 Motion to Intervene. Signed by Magistrate Judge G. R. Smith on 4/10/17. (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JOHN PATRICK SCHRECKENGAST, and
ANDREA SCHRECKENGAST
Plaintiff,
v.

CV416-038

CHARLES S. CAROLLO, individually,
LANDSTAR INWAY, INC , and
LANDSTAR SYSTEM, INC.
.

Defendants.

ORDER
Cannon Cochran Management Services, Inc. (“CCMS”) moves to
intervene as a plaintiff in this action to protect its alleged subrogation
rights in $179,714.77 of workers’ compensation benefits that it paid to
plaintiff John Patrick Schreckengast.

See Doc. 71 at 2; see also doc. 70-2

(proposed Complaint). The time provided by the Court’s Local Rules for
opposition to the motion has passed. By their silence, the parties indicate
that they do not oppose it.

See S.D. Ga. L. Civ. R. 7.5. CCMS’s

unrebutted motion shows that it is entitled to intervene as a matter of
right.

See doc. 71; see also Fed. R. Civ. P. 24(a)(2).
Accordingly, CCMS’s motion (doc. 70) is GRANTED , and it is

permitted to intervene in this action as a plaintiff. The Court deems
CCMS’s Complaint, as attached to its motion, filed and served on the
parties (subject to objection, within 7 days of the date this Order is served,
coupled by showing why formal service is required) and this action shall
continue as scheduled. 1 The parties shall have 21 days from
unobjected-to service to serve their respective responsive pleadings
(otherwise, 21 days from formal service).

SO ORDERED, this 10th day of April, 2017.

UNITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA

1

In particular, the Pretrial Conference, which has been set for April 17, 2017, will
continue as scheduled. Doc. 69. Counsel should confer as necessary to ensure that
the Conference is not disrupted by CCMS’s intervention.
2