Barragan v. General Motors LLC

112 F. Supp. 3d 544, 2015 U.S. Dist. LEXIS 87499, 2015 WL 4085684
CourtDistrict Court, W.D. Texas
DecidedJuly 6, 2015
DocketCivil No. 4:14-CV-93-DAE
StatusPublished

This text of 112 F. Supp. 3d 544 (Barragan v. General Motors LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barragan v. General Motors LLC, 112 F. Supp. 3d 544, 2015 U.S. Dist. LEXIS 87499, 2015 WL 4085684 (W.D. Tex. 2015).

Opinion

ORDER DENYING CAMPAS’S MOTION TO INTERVENE, DENYING PLAINTIFFS-’ MOTION FOR JOIN-DER, AND DENYING PLAINTIFFS’ MOTION FOR REMAND

DAVID ALAN EZRA, Senior District Judge.

Before the Court is a Motion for Joinder and Motion to Remand (Dkt. # 24) filed by Plaintiffs Maria Barragan and Angel Alvarez as next friend to A.A. Jr., A.A., and A.A. (collectively, “Plaintiffs”) and Ruby Campas (“Campas”) as next friend to N.B. and A.B. Also before the Court is a Motion to- Intervene filed by Campas (Dkt. # 14). At the hearing, Robert P. Woodliff, Esq., represented Plaintiffs, Raymond D. McElfish, Esq., represented Campas, David R. Montpas, Esq., represented. Defendant General Motors LLC (“GM”), and David A. Rich represented Defendants U-Haul International, Inc. (“U-Haul”) and AMER-CO. After careful consideration of the supporting and opposing memoranda and the arguments presented at the hearing, the Court DENIES the Motion to Intervene, DENIES the Motion for Joinder, and DENIES the Motion to Remand.

BACKGROUND

On August 27, 2012, Isabel Barragan Mendoza (“Mendoza”) was driving on 1-10 with Juan Barragan, her brother, in the passenger’s seat. (Ex. A-3, Dkt. # 1-6 at 5.) Mendoza was driving a 2004 GMC Envoy. (Id.) Mendoza lost control of the vehicle, which rolled over, resulting in the deaths of both Mendoza and Juan Barra-gan. (Id.)

Plaintiff Maria Barragan (“Barragan”) is the mother of the decedents.1 (Dkt. # 14 at 4.) Plaintiff Angel Alvarez (“Alvarez”) is the father of Mendoza’s three children. (Id.) On August 27, 2014, Plaintiffs filed suit in the 205th District Court of Culbertson County, Texas against Defendants GM, U-Haul, and AMERCO (collectively, “Defendants”). (Ex. A-2, Dkt. # 1-5.) On November 21, 2014, Plaintiffs filed an amended petition asserting claims against GM for design defect and manufacturing defect and claims against all Defendants for failure to warn, misrepresentation, neg[547]*547ligence, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose. (Ex. A-3, Dkt. # 1-6.)

Defendants jointly removed the action to this Court on December 22, 2014, invoking the Court’s diversity jurisdiction. (Dkt. # 1.) On the Plaintiffs’ side, Barragan is a California citizen, and Alvarez’s children are citizens of South Carolina.2 (Ex. A-3,, Dkt. # 1-6 at 3.) With regard to the Defendants, GM is a Delaware corporation with its principal place of business in Michigan, U-Haul is a Nevada corporation with its principal place of business in Arizona, and AMERCO is a Nevada corporation with its principal place of business in Nevada. (Dkt. #1 at 4.).

On January 23, 2015, Campas, as next friend to N.B. and A.B., the children of decedent Juan Barragan, filed a Motion to Intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure. (Dkt. # 14.) GM filed a Response in opposition to the Motion (Dkt # 16), Campas filed a Reply (Dkt. # 19), and GM filed a Sur-reply (Dkt. #26-1). U-Haul and'AMERCO jointly fíléd a Response opposing the Motion to Intervene. (Dkt. # 27.)

On February 5, 2015, Plaintiffs and Campas jointly filed a Motion for Joinder and Motion to Remand seeking to join Campas under Rule 20 of the Federal Rules of Civil Procedure and' remand to state court. (Dkt. #23.) Campas did not contemporaneously withdraw her Motion to Intervene, which is therefore still before the Court. Defendants jointly filed a Response stating that they do not oppose joining Campas, but oppose the Motion to Remand. (Dkt. # 32!)

LEGAL STANDARDS

Í. Intervention Under Rule 24

Rule 24 of the Federal Rules of Civil Procedure provides for intervention as of right as well .as permissive intervention; Under Rule 24(a),

On timely motion, the court must permit anyone to intervene who (1) is given an unconditional right to intervene by federal statute, or 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.

Fed.R.Civ.P. 24(a). To intervene under Rule 24(a)(2),

(1) the application for intervention must be timely; (2) ,the applicant-must, have an interest relating t,o the- property or transaction which is the subject of the action; ,.(3) the -applicant must be so situated that the. disposition of the action may, as a practical matter, impair his ability to protect thqt interest; [and] (4) the applicant’s interest-must be inadequately represented by the existing parties to the suit.

Ford v. City of Huntsville, 242 F.3d 235, 239 (5th Cir.2001). Each of the four requirements must be satisfied. Id.

Under Rule 24(b), “On timely motion, the court- may permit anyone to intervene who: (A) is given a conditional right to intervene by a federal' statute; or (B) has- a claim or defense that shares with the main action a common question of law or fact.” Fed.R.Civ.P. 24(b)(1). “In exercising its discretion, the court must consider whether the intervention will unduly delay [548]*548or prejudice the adjudication of the original parties’ rights.” Fed.R.Civ.P. 24(b)(3). “Permissive intervention is wholly discretionary with the [district] court ... even though there is a common question of law or fact, or the requirements of Rule 24(b) are otherwise satisfied.” New Orleans Pub. Serv., Inc. v. United Gas Pipe Line Co., 732 F.2d 452, 470-471 (5th Cir.1984) (en banc) (alteration and omission in original) (internal quotation marks omitted).

II. Permissive Joinder Under Rule 20

Rule 20 of the Federal Rules of Civil Procedure provides that plaintiffs may be joined in an action if they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and any question of law or fact common to all plaintiffs will' arise in the action. Fed.R.Civ.P. 20(a)(1).

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Bluebook (online)
112 F. Supp. 3d 544, 2015 U.S. Dist. LEXIS 87499, 2015 WL 4085684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barragan-v-general-motors-llc-txwd-2015.