Dennis v. Allstate Property and Casualty Insurance Company

Filing 10

ORDER granting petitioner ZMC Pharmacy, LLC's Motion to Intervene 8 Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DUSHION DENNIS,
Plaintiff,
CASE NO. 17-13391
HON. GEORGE CARAM STEEH

vs.
ALLSTATE PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendant.
_______________________________/

ORDER GRANTING PETITIONER ZMC PHARMACY, LLC’S
MOTION TO INTERVENE (DOC. 8)
This matter has come before the Court on proposed intervening
plaintiff ZMC Pharmacy, LLC’s motion to intervene. This action arises out of
payment of medical benefits following an automobile accident. The
Michigan Assigned Claims Facility assigned plaintiff Dushion Dennis’ claim
for personal injury protection benefits to defendant Allstate Property and
Casualty Insurance Company. On September 22, 2017, Dennis filed the
instant civil action to collect unpaid monies in Wayne County Circuit Court.
ZMC Pharmacy pleads that it provided pharmaceutical products to Dennis
pursuant to the Michigan No-Fault Act and seeks reimbursement for this
care. Dennis purportedly concurs in ZMC Pharmacy’s motion. Allstate did
not respond to ZMC Pharmacy’s request for concurrence.
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Federal Rule of Civil Procedure 24(a) provides that upon timely
application, anyone shall be permitted to intervene in an action if it satisfies
the following factors: (1) timeliness of the application to intervene, (2) the
applicant’s substantial legal interest in the case, (3) the impairment of the
applicant’s ability to protect that interest in the absence of intervention, and
(4) inadequate representation of that interest by parties already before the
court. Michigan State v. Miller, 103 F.3d 1240, 1245 (6th Cir. 1997).
The Court agrees that ZMC Pharmacy has satisfied the requirements
of Rule 24(a) and should be permitted to intervene in this case. The lawsuit
is in the early stages of discovery. ZMC Pharmacy has an interest in the
payment of benefits and its ability to protect this interest will be impaired if it
is not included in the litigation. Finally, although Dennis seeks the same
outcome, it may not make all of the prospective intervenor’s arguments.
Miller, 103 F.3d at 1247.
For the reasons stated above, ZMC Pharmacy’s motion is
GRANTED.
IT IS SO ORDERED.
Dated: February 6, 2018
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
February 6, 2018, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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