Phelps-Roper v. Heineman et al

Filing 319

ORDER denying 318 Richard Hedrick's Motion to Intervene. The Clerk shall mail a copy of this Order to Richard Hedrick at his address of record. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed as directed to 404 Mormon Tr, Lincoln, NE 68521) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHIRLEY L. PHELPS-ROPER,
Plaintiff,
V.
JOHN/JANE DOE(S), in Their Official
Capacities, PETE RICKETTS, In his
Capacity as Governor of the State of
Nebraska, DOUG PETERSON, In His
Capacity as Attorney General of the
State of Nebraska, and TODD
SCHMADERER,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

4:09CV3268

ORDER

On August 17, 2015, Richard Hedrick, pro se, filed a Motion to Intervene (filing 318)
in this case. The Motion will be denied as untimely.
A request to intervene must be done on timely motion. Fed. R. Civ. P. 24. The
timeliness of a motion to intervene is assessed by “considering all the circumstances of the
case.” U.S. v. Union Elec. Co., 64 F.3d 1152, 1159-60 (8th Cir. 1995). When evaluating
timeliness, a court should consider “(1) the extent the litigation has progressed at the time of
the motion to intervene; (2) the prospective intervenor’s knowledge of the litigation; (3) the
reason for the delay in seeking intervention; and (4) whether the delay in seeking intervention
may prejudice the existing parties.” Planned Parenthood of the Heartland v. Heineman, 664
F.3d 716, 718 (8th Cir. 2011).
This case was filed in December, 2009. Trial has been held, and a post-trial brief has
been submitted. Allowing Hedrick to intervene at this time would clearly prejudice the
existing parties. Hedrick has offered no reason for his delay in seeking to intervene.
Accordingly,

IT IS ORDERED the Motion to Intervene (filing 318) is denied. The Clerk of Court
shall mail a copy of this Order to Richard Hedrick at his address of record.
DATED August 19, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

2