Shapiro v. McManus

Filing 130

MEMORANDUM AND ORDER DENYING 109 Motion to Intervene. Signed by Judge James K. Bredar on 1/27/2017. (hmls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
(THREE JUDGE COURT)
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O. JOHN BENISEK et al.

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Plaintiffs

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v.

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LINDA H. LAMONE et al.
Defendants
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CIVIL NO. JKB-13-3233

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MEMORANDUM AND ORDER
Now pending before the Court is the MOTION TO INTERVENE of former Plaintiff
Stephen M. Shapiro (ECF No. 109). The Plaintiffs have responded in opposition (ECF No. 121)1
as have the Defendants (ECF No. 122). Mr. Shapiro previously and voluntarily asked that he be
dismissed from this action (ECF No. 105) which the Court then ordered (ECF No. 106). There is
no suggestion that Mr. Shapiro was not advised by counsel and fully aware of the implications of
his choice to withdraw from the matter. The Court considers Mr. Shapiro’s earlier decision to
seek dismissal to be a waiver of any continuing interest in the case and, applying principles
applicable when parties seek relief pursuant to Rule 60(b), Federal Rules of Civil Procedure, the
Court finds no justification for readmitting him to this action.
The MOTION TO INTERVENE (ECF No. 109) is DENIED. Judges Niemeyer and
Russell join in this Memorandum and Order.

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Out of an abundance of caution, the Plaintiffs’ opposition papers relating to this Motion have not been considered
by the Court. See Rule 1.9, Maryland Rules of Professional Conduct, codified at Rule 16-812, Maryland Rules of
Court, and made applicable in these proceedings by Rule 704, Local Rules of the U.S. District Court for the District
of Maryland.

DATED this 27th day of January, 2017.

BY THE COURT:

____________/s/______________________
James K. Bredar
United States District Judge