Adams v. Department of Health and Human Services

Filing 14

ORDER granting 8 Motion to Intervene. Intervenor Defendants shall have up to and including December 8, 2014 to file an answer or otherwise respond to Plaintiffs Complaint. Signed by Magistrate Judge David Keesler on 14cv481. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-481-RJC-DCK
KIMBERLY ADAMS, as personal
Representative of the ESTATE OF GARY L.
ADERHOLT,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
(CENTERS FOR MEDICARE AND
MEDICAID SERVICES),
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Liberty Mutual Fire Insurance
Company And Liberty Mutual Insurance Company’s Motion To Intervene” (Document No. 8)
filed November 6, 2014. This motion has been referred to the undersigned Magistrate Judge
pursuant to 28 U.S.C. § 636(b), and is ripe for disposition. Having carefully considered the
motion, the record, and applicable authority, the undersigned will grant the motion.
Liberty Mutual Fire Insurance Company And Liberty Mutual Insurance Company
(“Liberty Mutual Defendants”) persuasively assert that: (1) their interests in this action are
sufficient to merit intervention; (2) their interests may be impaired absent intervention; and (3)
the existing parties do not adequately represent their interests. (Document Nos. 8 and 9).
Moreover, Plaintiff has indicated that he does not object to the instant motion, and Defendant has
declined to file any response. See (Document No. 8, p.5); Local Rule 7.1 (E).

IT IS, THEREFORE, ORDERED that “Liberty Mutual Fire Insurance Company And
Liberty Mutual Insurance Company’s Motion To Intervene” (Document No. 8) is GRANTED.
Intervenor Defendants shall have up to and including December 8, 2014 to file an answer or
otherwise respond to Plaintiff’s Complaint.1
SO ORDERED.

Signed: December 1, 2014

1

The Administrative Procedures Governing Filing and Service by Electronic Means, revised January 1,
2012, at Part II, Section A, Paragraph 8, provide that: “If filing a document requires leave of the Court,
such as an amended complaint, the attorney shall attach the proposed document as an exhibit to the
motion according to the procedures in IV. If the Court grants the motion, the filer will be responsible for
electronically filing the document on the case docket.”

2