Molthan v. Temple University of the Commonwealth System of Higher Education

93 F.R.D. 585, 29 Empl. Prac. Dec. (CCH) 32,750, 34 Fed. R. Serv. 2d 1380, 1982 U.S. Dist. LEXIS 11018, 28 Fair Empl. Prac. Cas. (BNA) 430
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 8, 1982
DocketCiv. A. No. 75-1401
StatusPublished
Cited by2 cases

This text of 93 F.R.D. 585 (Molthan v. Temple University of the Commonwealth System of Higher Education) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Molthan v. Temple University of the Commonwealth System of Higher Education, 93 F.R.D. 585, 29 Empl. Prac. Dec. (CCH) 32,750, 34 Fed. R. Serv. 2d 1380, 1982 U.S. Dist. LEXIS 11018, 28 Fair Empl. Prac. Cas. (BNA) 430 (E.D. Pa. 1982).

Opinion

MEMORANDUM

LUONGO, District Judge.

Plaintiffs filed the original complaint in this civil rights action alleging, inter alia, violations of Title VII, 42 U.S.C. § 2000e-5 and 42 U.S.C. § 1983, on May 15, 1975. Since that time summary judgment has been granted in defendant’s favor as to a number of plaintiffs’ claims, see Molthan v. Temple University, 442 F.Supp. 448 (E.D. Pa.1977) (Molthan I), and a class has been certified for the Title VII claims. See Molthan v. Temple University, 83 F.R.D. 368 (E.D.Pa.1979) (Molthan II). Presently before me is Equal Employment Opportunity Commission’s (EEOC) motion to intervene (with which plaintiffs concur) pursuant to F.R.Civ.P. 24(b) on the ground that Title VII gives it the conditional right to intervene because EEOC has certified that this is a case of general public importance. See 42 U.S.C. § 2000e-5(f)(l). Because I conclude that EEOC’s motion, filed October 8, 1981, is untimely, and that EEOC’s presence will unduly delay the adjudication of the rights of the parties, the motion will be denied.

F.R.Civ.P. 24(b) provides:

(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an action: (1) when a statute of the United States confers a conditional right to intervene; or (2) when an applicant’s claim or defense and the main action have a question of law or fact in common. When a party to an action relies.for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. 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.

(Emphasis supplied.)

The threshold inquiry in resolving a motion to intervene is whether the motion is timely. NAACP v. New York, 413 U.S. 345, 365, 93 S.Ct. 2591, 2602, 37 L.Ed.2d 648 (1973). Because Rule 24 does not set forth a specific time limit governing the filing of the motion to intervene, the determination of whether the motion has been timely filed [587]*587is left to the discretion of the trial court to be exercised after consideration of all the circumstances of the case. Id. Essential to the court’s inquiry is whether intervention at a particular stage will, as a practical matter, “unduly delay or prejudice the adjudication of the rights of the original parties.” F.R.Civ.P. 24(b). See Commonwealth v. Rizzo, 530 F.2d 501, 507 (3d Cir.), cert, denied sub nom., Fire Officers Union v. Pennsylvania, 426 U.S. 921, 96 S.Ct. 28, 49 L.Ed.2d 375 (1976). While the length of delay is a factor to be considered, it is not dispositive. Id. See Diaz v. Southern Drilling Corporation, 427 F.2d 1118, 1125 (5th Cir.), cert, denied sub nom., Trefina, A. G. v. United States, 400 U.S. 878, 91 S.Ct. 118, 27 L.Ed.2d 115 (1970). Rather, the court must assess the impact of intervention on the case as it presently stands. See Commonwealth v. Rizzo, supra.

EEOC’s motion to intervene in the instant case comes at a time when this litigation finally appears to be moving toward its resolution after years of delay. This case began nearly ten years ago, on July 7, 1972, when plaintiff, Bernice Torrance, filed a charge of employment discrimination with EEOC. As above noted, the complaint was filed May 15,1975, more than six and one-half years ago. At that time two other plaintiffs joined with Torrance in complaining of pervasive gender-based discrimination in the employment practices and policies of defendant Temple University.

During the following years much has taken place. A number of plaintiffs’ claims have been dismissed in response to defendant’s motion for summary judgment. An amended complaint has been filed. Much time has been expended on the class certification issue. Throughout, this litigation has been marked by procedural maneuvering on discovery and other matters with the result that over six and one-half years after the complaint was filed and more than two and one-half years after a class was certified, this case has still not proceeded to trial. I have previously noted my dissatisfaction with the manner in which it has proceeded. In the opinion granting class certification I stated:

I recognize that this case has proceeded at a deplorably slow pace.... Once this case is certified as a class action, of course, it will be [plaintiffs’ counsel’s] duty to prosecute it competently and vigorously.

Molthan II at 374. Since the grant of class certification, substantial discovery on the merits has taken place. I recently issued an order resolving significant discovery disputes between the parties with the intended result that the ease would proceed expeditiously to trial. (Document No. 85).

EEOC contends that its presence will not further delay or prejudice the adjudication of the rights of the parties presently before me. I disagree. As Judge VanArtsdalen recently stated in a case in which a motion to intervene was filed ten years after the complaint was filed, “to assert, as the proposed intervenors do, that they can merely step into a case of this magnitude ten years [or in the instant case six and one-half years] after its inception without causing significant delay or prejudice is naive at best.” Bogosian v. Gulf Oil Corporation, slip op. Civil Class Actions Nos. 71-1137 & 71-2543 at 3 (E.D.Pa., Nov. 23, 1981). And, as another court has stated:

Additional parties always take additional time. Even if they have no witnesses of their own, they are the source of additional questions, objections, briefs, arguments, motions and the like which tend to make the proceeding a Donnybrook Fair!

Crosby Steam Gage and Valve Co. v. Manning, Maxwell and Moore, Inc., 51 F.Supp. 972, 973 (D.Mass.1943).

EEOC’s vigorously contested1 motion to intervene itself establishes that EEOC’s intervention at this time will expand this litigation with resulting additional delay. In opposing the motion, defendant contends that EEOC’s complaint is barred by res judicata in light of a consent decree that EEOC entered into with defendant in 1978 [588]*588in litigation before Judge Becker. Further, defendant challenges EEOC’s certification of the instant case as one of general public importance prompting EEOC to vigorously contend that its certification is not subject to judicial review.

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578 F. Supp. 1371 (E.D. Pennsylvania, 1984)

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93 F.R.D. 585, 29 Empl. Prac. Dec. (CCH) 32,750, 34 Fed. R. Serv. 2d 1380, 1982 U.S. Dist. LEXIS 11018, 28 Fair Empl. Prac. Cas. (BNA) 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molthan-v-temple-university-of-the-commonwealth-system-of-higher-education-paed-1982.