§Why CasetextPricing

Messmer v. Harrison et al

Memorandum in Support regarding 52 MOTION to Intervene and Motion for Extension of Time

22 Cited authorities

  1. Devlin v. Scardelletti

    536 U.S. 1 (2002)   Cited 455 times   10 Legal Analyses
    Holding that members of a class who have objected to the proposed settlement of a class action are considered parties for purposes of appealing a judgment that rejects their objections and approves the settlement

  2. Beckman Industries, Inc. v. International Ins. Co.

    966 F.2d 470 (9th Cir. 1992)   Cited 1,821 times
    Holding that "an independent jurisdictional basis is not required [in this case] because intervenors do not seek to litigate a claim on the merits"

  3. Trbovich v. Mine Workers

    404 U.S. 528 (1972)   Cited 901 times   1 Legal Analyses
    Holding that a union member's interest was not adequately represented by the Secretary of Labor because the Secretary had a "duty to serve two distinct interests, which are related, but not identical:" that of the individual union member and that of the general public

  4. Southwest Ctr. for Biological Diversity v. Berg

    268 F.3d 810 (9th Cir. 2001)   Cited 420 times
    Holding that the court is to take facts alleged in the pleadings, motion, and supporting declarations as true for purposes of the motion to intervene

  5. United States v. City of Los Angeles

    288 F.3d 391 (9th Cir. 2002)   Cited 263 times
    Holding that "mere[] differences in [litigation] strategy" are insufficient grounds to "justify intervention as a matter of right"

  6. Piambino v. Bailey

    757 F.2d 1112 (11th Cir. 1985)   Cited 239 times
    Holding that where a prior appellate panel had considered a particular party's intervention, and ordered that the party be allowed to intervene, it had "necessarily implied" that any procedural noncompliance with Federal Rule of Civil Procedure 24 (which governs intervention) was inconsequential

  7. U.S. v. Metropolitan St. Louis Sewer Dist

    569 F.3d 829 (8th Cir. 2009)   Cited 106 times
    Holding that under the Clean Water Act, "only a citizen whose suit has been displaced by the government action is entitled to intervene"

  8. Reich v. ABC/York-Estes Corp.

    64 F.3d 316 (7th Cir. 1995)   Cited 120 times
    Finding that a delay of 19 months from the time the suit was filed to the time intervention was sought was not untimely

  9. Alt v. U.S. Envtl. Prot. Agency

    758 F.3d 588 (4th Cir. 2014)   Cited 68 times
    Holding that because appellant had closely monitored the proceedings and made strategic decisions not to intervene, there was not a sufficient reason espoused for the tardy intervention

  10. Houston General Ins. v. Moore

    193 F.3d 838 (4th Cir. 1999)   Cited 102 times
    Finding motion untimely where judgment had already been rendered

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,905 times   44 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  13. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,256 times   36 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  14. Rule 14 - Third-party practice

    N.C. Gen. Stat. § 14   Cited 31 times

    (a) When defendant may bring in third party. - At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. Leave to make the service need not be obtained if the third-party complaint is filed not later than 45 days after the answer to the complaint is served. Otherwise leave must be obtained on motion

  15. Section 14-415.12 - Criteria to qualify for the issuance of a permit

    N.C. Gen. Stat. § 14-415.12   Cited 16 times

    (a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria: (1) The applicant is a citizen of the United States or has been lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), and has been a resident of the State 30 days or longer immediately preceding the filing of the application. (2) The applicant is 21 years of age or older. (3) The applicant does not suffer from a physical or mental infirmity that prevents the safe