Ziemer v. Norfolk Southern Railway Company et al

Filing 109

MEMORANDUM OPINION AND ORDER - IT IS HEREBY ORDERED that 105 Second MOTION to Intervene filed by Old Republic Insurance Co. is GRANTED. Signed by Honorable Matthew W. Brann on 2/8/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHAUNA ZIEMER,
as Executrix of the Estate of Darrin E.
Ziemer,

No. 4:16-CV-1001
(Judge Brann)

Plaintiff,
v.
NORFOLK SOUTHERN RAILWAY
COMPANY, CLINTON TOWNSHIP,
ESTATE OF HOWARD E. MARTIN,
JR., EAST COAST RIGHT OF WAY
MAINTENANCE, INC.,
Defendants.
MEMORANDUM OPINION AND ORDER
February 8, 2018
On August 15, 2016, Old Republic Insurance Company filed a Motion to
Intervene in this action, pursuant to Federal Rule of Civil Procedure 24(b),
‘Permissive Intervention.’ I denied this motion without prejudice with leave to
renew the motion until such time Plaintiff, Shauna Ziemer, received workers’
compensation benefits on behalf of the deceased, Darren E. Ziemer - as Old
Republic Insurance Company’s subrogation interest was not then “certain and
definite.”

Presently, before the Court is Old Republic Insurance Company’s second
Motion to Intervene, pursuant to Rule 24(a), ‘Intervention of Right.’ This motion
now be granted. Federal Rule of Civil Procedure 24(a)(2) provides:
On timely motion, the court must permit anyone to intervene who…
claims an interest relating to the property or transaction that is the
subject of the action, and is so situated that disposing of the action
may as a practical matter impair or impede the movant’s ability to
protect its interest, unless existing parties adequately represent that
interest.

“A potential intervenor must satisfy four criteria to succeed on a motion
pursuant to Rule 24(a)(2): (1) the application for intervention is timely; (2) the
applicant has a sufficient interest in the litigation; (3) the interest may be affected
or impaired, as a practical matter by the disposition of the action; and (4) the
interest is not adequately represented by an existing party in the litigation.”1
I note the following. No party has objected to the motion to intervene. The
motion is timely, as it was filed in accordance with my previous Order. Old
Republic Insurance Company has a sufficient interest in this litigation, as it has a
potential subrogation right to $692,603.62. It’s subrogation right may be impaired
if intervention was denied. Finally, no other party can adequately represent Old
Republic Insurance Company’s interest in this litigation.

1

United States v. Territory of Virgin Islands, 748 F.3d 514, 519 (3d Cir. 2014) (Fisher, J.)
(internal citations omitted).

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AND NOW, IT IS HEREBY ORDERED that Old Republic Insurance
Company’s Second Motion to Intervene, October 17, 2017, ECF No. 105 is
GRANTED.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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