Farm Fire & Casualty Co. v. Hood

266 F.R.D. 135, 76 Fed. R. Serv. 3d 377, 2010 U.S. Dist. LEXIS 39006
CourtDistrict Court, S.D. Mississippi
DecidedMarch 24, 2010
DocketCivil Action No. 2:07-cv-188(DCB)(MTP)
StatusPublished
Cited by1 cases

This text of 266 F.R.D. 135 (Farm Fire & Casualty Co. v. Hood) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farm Fire & Casualty Co. v. Hood, 266 F.R.D. 135, 76 Fed. R. Serv. 3d 377, 2010 U.S. Dist. LEXIS 39006 (S.D. Miss. 2010).

Opinion

MEMORANDUM OPINION AND ORDER

DAVID BRAMLETTE, District Judge.

This cause is before the Court on Jackson New Media, Inc. (“New Media”)’s motion for leave to intervene in this action for purposes of seeking an order allowing the unsealing of certain court documents, or alternatively, for an order requiring the original parties to appear and show cause why the settlement agreement should not be unsealed (docket entry 110). Having carefully considered the motion and responses, and being fully advised in the premises, the Court finds as follows:

New Media’s motion1 seeks leave to intervene under Fed.R.Civ.P. 24(a)(2) or, in the alternative, Fed.R.Civ.P. 24(b)(1)(B). Rule 24(a)(2) provides:

(a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:
(2) 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)(2). In addition, Rule 24(c) provides:

(c) Notice and Pleading Required. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that [138]*138sets out the claim or defense for which intervention is sought.

Fed.R.Civ.P. 24(c).

New Media is a Mississippi corporation with its principal place of business in the Southern District of Mississippi, primarily engaged in operating an interactive on-line news service, ‘TallPolitics.com,” and in the business of gathering, reporting, analyzing and commenting upon legal and political news generated in and about the state of Mississippi.2 The three joining entities are television stations operating in the Southern District of Mississippi, and in the business of television news gathering and reporting.3

The movants seek intervention “for purposes of seeking an order allowing the unsealing of certain court documents,” namely, “the settlement agreement” between the parties to this action.4 They assert that their motion is timely, that they have an interest in the transaction that is the subject of this action, and that final disposition of this matter without the granting of the relief sought would adversely affect their practical ability to protect their First Amendment (to the United States Constitution) and Section 13 (under the Mississippi Constitution of 1890) rights of news gathering and reporting, as well as the corollary rights of their respective readerships and audiences to be informed of matters of significant public concern.5

In order to intervene as of right under Rule 24(a)(2), the movants must make a satisfactory showing that each of the following requirements are met:

(1) the application for intervention must be timely; (2) the applicant must have an interest relating to 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 that interest; (4) the applicant’s interest must be inadequately represented by the existing parties to the suit.

Taylor Communications Group, Inc. v. Southwestern Bell Tel. Co., 172 F.3d 385, 387 (5th Cir.1999).

Under the timeliness requirement, four factors should be considered:

(1) The length of time during which the would-be intervenor actually knew or reasonably should have known of its interest in the case before it petitioned for leave to intervene; ... (2) the extent of the prejudice that the existing parties to the litigation may suffer as a result of the would-be intervenor’s failure to apply for intervention as soon as it knew or reasonably should have known of its interest in the case; ... (3) the extent of the prejudice that the would-be intervenor may suffer if intervention is denied; ... [and] (4) the existence of unusual circumstances militating either for or against a determination that the application is timely.

Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir.1977).

As to timeliness, the movants allege:
This Court’s Judgment of Dismissal, which had the concomitant effect of sealing the settlement agreement between State Farm and Attorney General Hood, was entered barely over a year ago. New Media’s— and the public’s—First Amendment and open access interests at risk in this case, and the jurisprudence of the timeliness issue in the Fifth Circuit, together call strongly for the conclusion that this motion to intervene is timely filed....
No one would be hurt by allowing New Media to intervene in this matter for purposes of seeking limited but substantive relief. And greater justice certainly would be attained by allowing the sun to shine in on a deal in which the public is intimately interested, but about which the public knows not the first detail.6

[139]*139In response, the defendant, Attorney General Hood, asserts that the motion is untimely.7 In support, he cites Houston General Ins. Co. v. Moore, 193 F.3d 838 (4th Cir.1999), in which the Fourth Circuit, addressing the “cardinal consideration” of timeliness, found:

Beaumont filed its motion to intervene on April 17, 1997, more than two months after the district court entered the Final Order of Judgment for plaintiffs on February 16, 1997. Pursuant to 28 U.S.C. § 1291 and Fed.R.App.P. 4, the time for appeal had expired by this date. Although entry of final judgment is not an absolute bar to filing a motion to intervene, the authorities note that: “There is considerable reluctance on the part of the courts to allow intervention after the action has gone to judgment and a strong showing will be required of the applicant.” 7C Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure: Civil 2d § 1916, at 444-45 (West 1986) (footnotes omitted).

Id. at 840 (footnote omitted).

The defendant asserts that Fifth Circuit precedent supports a finding that New Media’s motion is untimely,8 citing Non Commissioned Officers Ass’n of U.S. v. Army Times Pub. Co.,

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Bluebook (online)
266 F.R.D. 135, 76 Fed. R. Serv. 3d 377, 2010 U.S. Dist. LEXIS 39006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farm-fire-casualty-co-v-hood-mssd-2010.