Humane Society of the United States et al v. Salazar et al

MOTION to Intervene as Defendants

D.D.C.April 22, 2013

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE HUMANE SOCIETY OF THE UNITED STATES, BORN FREE, USA, HELP OUR WOLVES LIVE, and FRIENDS OF ANIMALS AND THEIR ENVIRONMENT, Plaintiffs, v. 13-CV-0186-BAH KENNETH SALAZAR, SECRETARY OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE INTERIOR, and UNITED STATES FISH AND WILDLIFE SERVICE, Defendants. UNOPPOSED MOTION TO INTERVENE AS A PARTY DEFENDANT BY STATE OF WISCONSIN AND WISCONSIN DEPARTMENT OF NATURAL RESOURCES The State of Wisconsin ("Wisconsin") and Wisconsin Department of Natural Resources ("WDNR"), (hereafter collectively "Intervenor-Applicants"), through their undersigned counsel, hereby move the Court, pursuant to Federal Rule of Civil Procedure ("FRCP") 24 and this District Court's Local Rule, LCvR 7(j), for leave to intervene into this proceeding as party defendants as a matter of right and, in the alternative, to intervene as party defendants by permission. Intervenor-Applicants ask the Court to allow them to intervene on all claims contained in the Complaint against the defendants Case 1:13-cv-00186-BAH Document 9 Filed 04/22/13 Page 1 of 3 - 2 - and on the relief requested in the petition. The State also has contemporaneously filed a legal memorandum in support of this motion. In accordance with LCvR 7(m), Intervenor-Applicants state that the required discussion between counsel for Intervenor-Applicants and counsel for the parties has occurred. Counsel for the federal defendants stated their clients do not object to this motion. Counsel for plaintiffs stated their clients would not oppose this motion. Therefore, this motion is not opposed. As grounds for this motion, Intervenor-Applicants state: 1. Intervenor-Applicants meet the requirements for intervention of right under FRCP 24(a), as more fully set forth in the memorandum that accompanies this motion. 2. Intervenor-Applicants alternatively meet the requirements for permissive intervention under FRCP 24(b), as more fully set forth in the memorandum that accompanies this motion. 3. This motion is timely filed as required by FRCP 24, as more fully set forth in the memorandum that accompanies this motion. 4. This motion is being served on the parties under FRCP 5, as required by FRCP 24(c). 5. This motion is accompanied by an answer (responsive pleading) that sets out the defenses for which intervention is sought, as required by FRCP 24(c). 6. This motion is accompanied by a proposed order for intervention as required by LCvR 7(c). Case 1:13-cv-00186-BAH Document 9 Filed 04/22/13 Page 2 of 3 - 3 - 7. Pursuant to LCvR 7(m), the required discussion between counsel for Intervenor-Applicants and the parties has occurred, and this motion is not opposed. 8. The reasons supporting this motion are more fully set forth in the memorandum in support of this motion that is filed herewith. Dated this 22 nd day of April, 2013. Respectfully submitted, J.B. VAN HOLLEN Attorney General /s/ Thomas J. Dawson THOMAS J. DAWSON Assistant Attorney General State Bar #1016134 /s/ Cynthia R. Hirsch CYNTHIA R. HIRSCH Assistant Attorney General State Bar #1012870 Attorneys for Intervenor-Applicants State of Wisconsin and Wisconsin Department of Natural Resources Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin 53707-7857 (608) 266-8987 (Dawson) (608) 266-3861 (Hirsch) (608) 266-2250 (Fax) hirschcr@doj.state.wi.us dawsontj@doj.state.wi.us Case 1:13-cv-00186-BAH Document 9 Filed 04/22/13 Page 3 of 3