State of Washington, et al., v. Trump., et al

Filing 83

ORDER by Judge James L. Robart denying James J. O'Hagan's 79 Motion to Intervene. (PM) cc: O'Hagan via the USPS

Case 2:17-cv-00141-JLR Document 83 Filed 02/14/17 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STATE OF WASHINGTON, et al.,
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Plaintiffs,
v.

CASE NO. C17-0141JLR
ORDER DENYING JAMES J.
O’HAGAN’S MOTION TO
INTERVENE

DONALD J. TRUMP, et al.,

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Defendants.

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Before the court is James J. O’Hagan’s filings dated February 9 and 13, 2017.
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(Mot. (Dkt. # 79); Mem. (Dkt. # 80).) Mr. O’Hagan is proceeding pro se, and the court
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liberally construes his filings as a motion to intervene in these proceedings and a
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supporting memorandum.
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Under Federal Rule of Civil Procedure 24(a), in order to intervene as of right in
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this action, Mr. O’Hagan must establish that he has (1) “an unconditional right to
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intervene by a federal statute,” or (2) “an interest relating to the . . . transaction that is the
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subject of the action . . . .” Fed. R. Civ. P. 24(a). For permissive intervention, Mr.
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ORDER - 1

Case 2:17-cv-00141-JLR Document 83 Filed 02/14/17 Page 2 of 2

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O’Hagan must show that he has (1) “a conditional right to intervene by a federal statute,”

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or (2) “a claim or defense that shares with the main action a common question of law or

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fact.” Fed. R. Civ. P. 24(b)(1). The burden is on the proposed intervenor to demonstrate

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that the conditions for intervention are satisfied. United States v. Alisal Water Corp., 370

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F.3d 915, 919 (9th Cir. 2004).

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Mr. O’Hagan’s filings are difficult, at best, to understand. (See Mot.; see Mem.)

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In any event, Mr. O’Hagan fails to demonstrate that the conditions for either intervention

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as of right or for permissive intervention are met. See Fed. R. Civ. P. 24(a)-(b)(1).

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Accordingly, the court DENIES his motion to intervene (Dkt. ## 79, 80).

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Dated this 14th day of February, 2017.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2