Stevens v. Brigham Young University - Idaho et al

Filing 224

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED, that the motion to intervene (docket no. 197 ) is DENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

IN THE UNITED STATES DISTRICT COURT
LORI STEVENS

FOR THE DISTRICT OF IDAHO

Plaintiff,

Case No. 4:16-CV-530-BLW

v.
BRIGHAM YOUNG UNIVERSITY –
IDAHO dba BYU-Idaho, a Utah corporation
and SUSAN STOKES, personal
representative of the Estate of Stephan
Stokes,

MEMORANDUM DECISION
AND ORDER

Defendants.
INTRODUCTION
The Court has before it a motion to intervene filed by Danielle Spencer. The
motion is fully briefed and at issue. For the reasons set forth below, the Court will deny
the motion.
LITIGATION BACKGROUND
Plaintiff Lori Stevens, a former BYU-I student, alleges that Robert Stokes, a
former BYU-I professor, initiated an unwanted relationship with her while she was a
student and Stokes was a professor at BYU-I. Stevens alleges that this relationship
ultimately became sexually and emotionally abusive. She further asserts that she, along
with another student, Danielle Spencer, reported Stokes’ inappropriate and abusive
behavior to several BYU-I professors and officials, who failed to take any action. The

Memorandum Decision & Order – page 1

relationship ended when Stokes died on July 1, 2016, from complications during heart
surgery.
Danielle Spencer, who seeks limited intervention in the motion now pending
before the Court, was a friend and confidant to Stevens during the time Stevens was
involved with Stokes. From the record, it now appears that she will contradict Stevens’
testimony and likely be a witness for BYU-I. In response, Stevens has alleged that BYUI offered benefits to Spencer that may have influenced her testimony. She further alleges
that BYU-I’s attorneys have coached Spencer and that the LDS Church has agreed to pay
Spencer’s legal fees in an effort to influence Spencer’s testimony. The LDS Church and
BYU-I vigorously deny these allegations. Stevens has brought a motion for sanctions
against defense counsel based on these allegations and the Court will be holding an
evidentiary hearing on the motion on November 12, 2019.
In the motion now before the Court, Danielle Spencer seeks limited intervention in
this action to, in her words, “assert evidentiary privileges and protect her interests and
veracity, which are directly under attack by Plaintiff’s Motion for Sanctions and
Discovery Abuses, which is presently pending before the Court.” See Spencer Brief (Dkt.
No. 197) (Dkt. 170). She alleges that she is entitled to intervene because Stevens has
attacked her “interests and veracity, which are premised on false allegations and
interpretations.” Id. While she claims a need to protect evidentiary privileges, she does
not explain why intervention is necessary to protect those privileges.
The record shows that Spencer is merely a witness. While it is true that her
testimony will be inconsistent with that of Stevens, and that Stevens will attack her
Memorandum Decision & Order – page 2

credibility, this will occur whether Spencer intervenes or not. Spencer has not identified
any interest that requires intervention to protect. For these reasons, the Court will deny
the motion to intervene.
ORDER
In accordance with the Memorandum Decision above,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to intervene
(docket no. 197) is DENIED.

DATED: November 4, 2019
_________________________
B. Lynn Winmill
U.S. District Court Judge

Memorandum Decision & Order – page 3