Coburn v. Daimlerchrysler Services North America, L.L.C.

218 F.R.D. 607, 57 Fed. R. Serv. 3d 755, 2003 U.S. Dist. LEXIS 19191, 2003 WL 22462632
District Court, N.D. Illinois·Decided October 27, 2003·No. No. 03 C 759·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Keith J. Thomas, Barbirito Aguilar, Joseph S. Guidry and Richard Cardenas’ (collectively “Proposed Intervenors”) motion for permissive intervention, individually and on behalf of all others similarly situated, is presently before this Court. They allege that this Court should exercise its discretion to permit permissive intervention because their claims share common questions of law and fact with Plaintiffs’ claims, their motion for intervention is timely and this Court has independent jurisdiction over their claims. For the reasons provided below, this Court denies Proposed Intervenors’ motion for permissive intervention. (R. 51-1.)

RELEVANT FACTS

Plaintiffs, and the putative class members they represent, are African-Americans and Hispanics who applied for financing with Defendant Daimler Chrysler North America, L.L.C., d/b/a Chrysler Financial Company, L.L.C. (“Chrysler Financial”), and who allegedly obtained a higher rate of interest than should have been available. (R. 6, First Amended Compl. ¶¶ 15-22.) According to the complaint, Chrysler Financial disables its Automated Credit Evaluation (“ACE”) system when it receives applications from dealerships in largely minority neighborhoods. (Id. ¶¶ 40-58.) Because of this practice, known as redlining, Plaintiffs claim that they obtained higher interest rates than should have been available. (Id. ¶¶ 59-79.) Plaintiffs further allege that around September 2002 Chrysler Financial stopped financing all African-American customers at Marquette Chrysler Jeep Dealership (“Marquette”), slowed financing for African-American customers at Dodge of Midlothian Dealership (“Midlothian”) and in early 2003 slowed financing for Hispanic customers at Suburban Dodge of Berwyn (“Berwyn”). (Id. ¶¶ 138-143,149-152.)

According to Plaintiffs, Chrysler Financial’s discriminatory practices and policies are implemented through its office in Lisle, Illinois, which oversees Chrysler Financial’s operations in the Chicago Zone, an area encompassing all of Illinois and part of Iowa. (Id. ¶¶ 80-81.) Plaintiffs claim that the [609] Chicago Zone threatened to close down Marquette and Midlothian unless Gerald Gorman, the owner of those dealerships, assumed financial liability for loans that Chrysler Financial made to African-Americans. (Id. ¶¶ 82-105.) By forcing Gorman to assume financial liability for these loans, Plaintiffs allege that the Chicago Zone renounced properly-executed financing agreements with African-Americans and unlawfully repossessed their vehicles. (Id. ¶82-112.) They also allege that the Chicago Zone did not want to finance African-American customers from Marquette or Midlothian because, these dealerships are located in lower-income minority neighborhoods. (Id. ¶¶ 113-121.) Plaintiffs believe that Chrysler Financial knew, or should have known, about the Chicago Zone’s discriminatory conduct and took no actions to correct it. (Id. ¶¶ 122-137.)

Importantly, for purposes of this motion, Plaintiffs’ class allegations are limited to Illinois and Iowa. (Id. ¶ 156.) Plaintiffs have not, however, filed a formal motion to certify the proposed class.

Proposed Intervenors, and the putative class members they represent, are Hispanics who sought to purchase new cars from Rick Perez Autonet (“Perez”) or from other Chrysler Motors dealerships in and around Galveston and Houston, Texas. (R. 52, Mem. in Supp. of Mot. to Intervene, Ex, 2, Proposed Compl. ¶¶2, 10-14.) Like Plaintiffs, Proposed Intervenors allege that they obtained higher interest rates than should have been available because of Chrysler Financial’s discriminatory redlining and that Chrysler Financial’s discriminatory practices and policies are implemented through a regional headquarters office. (Id. ¶¶ 21-36.) This office oversees Chrysler Financial’s operations in the Houston Zone, which includes the Galveston and Houston areas. (Id ¶ 14.) Proposed Intervenors allege that the Houston Zone refused to finance cars from Perez because it was located in a predominantly African-American and Hispanic neighborhood. (Id ¶¶ 37-43.)

Plaintiffs’ complaint includes an Equal Credit Opportunity Act claim, a § 1981 claim premised on the deprivation of the right to make and enforce contracts, a § 1982 claim premised on the deprivation of the right to purchase and hold personal property and an Illinois Consumer Fraud and Deceptive Business Practices Act claim.1 (R. 6, First Amended Compl. ¶¶ 168-184.) Proposed Intervenors’ proposed complaint includes the exact same claims less the state-law fraud claim. (R. 52, Mem. in Supp. of Mot..to Intervene, Ex. 2, Proposed Compl. ¶¶ 54-75.)

LEGAL STANDARDS

Permissive intervention is governed by Federal Rule of Civil Procedure 24(b)(2). This rule provides that a court may permit intervention “when an applicant’s claim or defense and the main action have a question of law or fact in common.” Fed.R.Civ.P. 24(b)(2), Before a court can exercise its discretion, the applicant’s claim must share a common question of law or fact with a party to the pending action, the applicant must timely seek intervention and the court must possess independent jurisdiction over the proposed claims. Sec. Ins. Co. v. Schipporeit, Inc., 69 F.3d 1377, 1380-81 (7th Cir.1995). Rule 24(b)(2) also provides that “in exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.” Fed.R.Civ.P. 24(b)(2); Vollmer v. Publishers Clearing House, 248 F.3d 698, 707 (7th Cir.2001); see also Griffith v. Univ. Hosp., L.L.C., 249 F.3d 658, 661-62 (7th Cir.2001) (stating that a trial court has “considerable discretion” and that “reversal of a court’s denial of a Rule 24(b) motion for permissive intervention ‘is a very rare bird indeed’”). A court should also consider whether denying intervention would prejudice the applicant’s rights. In re Discovery Zone Sec. Litig., 181 F.R.D. 582, 599 (N.D.Ill.1998).

ANALYSIS

Before this Court can exercise its discretion to permit permissive intervention, we [610] must find a common question of law or fact, timely intervention and independent jurisdiction over the proposed claim. All three elements are present. Thus, the question before this Court is whether there is sufficient commonality between the questions of fact so that intervention will not unduly delay or prejudice the adjudication of the original parties’ rights.

Free access — add to your briefcase to read the full text and ask questions with AI

Coburn v. Daimlerchrysler Services North America, L.L.C., 218 F.R.D. 607, 57 Fed. R. Serv. 3d 755, 2003 U.S. Dist. LEXIS 19191, 2003 WL 22462632 (N.D. Ill. 2003).

218 F.R.D. 607 (Coburn v. Daimlerchrysler Services North America, L.L.C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

George v. Uponor, Inc.
290 F.R.D. 574 (D. Minnesota, 2013)