Southeast Recovery Group, LLC v. BP America, Inc.

278 F.R.D. 162, 81 Fed. R. Serv. 3d 1026, 2012 WL 400288, 2012 U.S. Dist. LEXIS 5897
CourtDistrict Court, E.D. Louisiana
DecidedJanuary 19, 2012
DocketCivil Action No. 11-823
StatusPublished
Cited by4 cases

This text of 278 F.R.D. 162 (Southeast Recovery Group, LLC v. BP America, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southeast Recovery Group, LLC v. BP America, Inc., 278 F.R.D. 162, 81 Fed. R. Serv. 3d 1026, 2012 WL 400288, 2012 U.S. Dist. LEXIS 5897 (E.D. La. 2012).

Opinion

ORDER AND REASONS ON MOTION

JOSEPH C. WILKINSON, JR., United States Magistrate Judge.

This is a breach of contract action in which plaintiff seeks to recover more than $1 million for helicopter services allegedly provided to defendant in the aftermath of the Deepwa-ter Horizon explosion and oil spill in the Gulf of Mexico offshore Louisiana in 2010. All parties have consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). Record Doc. Nos. 6 and 68.

The United States’ Motion to Intervene and Stay Civil Proceedings, Record Doc. No. 53, is now pending before me. In its motion, the United States seeks an order staying this civil ease on grounds that it is currently conducting an active criminal investigation, including grand jury proceedings, concerning the same transaction that is involved in the civil matter. Plaintiff filed a timely written opposition. Record Doc. No. 59. The United States received leave to file a reply memorandum. Record Doe. Nos. 63-65. Having considered the record, the applicable law and the oral argument of counsel during the hearing conducted on January 18,2012, IT IS ORDERED that the motion is GRANTED, subject to the conditions contained in this order, for the following reasons.

(A) The Legal Standard

As to intervention of right, Rule 24(a) states:

On timely motion, the court must permit anyone to intervene who: (1) is given an unconditional right to intervene by a federal statute; or (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) (emphasis added). Thus, a party is entitled to an intervention of right if (1) the motion to intervene is timely; (2) the potential intervenor asserts a “direct, substantial [and] legally protectable” interest that is related to the property or transaction that forms the basis of the controversy in the case into which it seeks to intervene; (3) the disposition of that ease may impair or impede the potential intervenor’s ability to protect its interest; and (4) the existing parties do not adequately represent the potential intervenor’s interest In re Lease Oil Antitrust Litig., 570 F.3d 244, 247, 250 (5th Cir.2009) (quotation omitted); Ross v. Marshall, 426 F.3d 745, 753 (5th Cir.2005); Heaton v. Monogram Credit Card Bank, 297 F.3d 416, 422 (5th Cir.2002); Ford v. City of Huntsville, 242 F.3d 235, 239 (5th Cir.2001); Edwards v. City of Houston, 78 F.3d 983, 1000 (5th Cir.1996); Sierra Club v. Espy, 18 F.3d 1202, 1204-05, 1207 (5th Cir.1994).

As to permissive intervention, Fed. R.Civ.P. 24(b) provides in pertinent part:

(1) In General. 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.

(3) Delay or Prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.

Fed.R.Civ.P. 24(b)(1), (3) (emphasis added). “Federal courts should allow intervention where ‘no one would be hurt and greater justice could be attained.’ ” Ross, 426 F.3d at 753 (quoting Espy, 18 F.3d at 1205).

[166]*166Both permissive intervention and intervention of right may be permitted only “upon timely application,” Fed.R.Civ.P. 24(a) (emphasis added), because “the requirement of timeliness applies whether intervention is sought as a matter of right or as a matter of discretion.” 7C Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1916 at 527-28 (3d ed. 2007). The concept of “timeliness” in connection with motions for leave to intervene is a flexible one, which is left to the sound discretion of the trial court. Id. at 529 (citing Grubbs v. Norris, 870 F.2d 343, 345 (6th Cir.1989); Holland v. Sterling Enters., Inc., 777 F.2d 1288, 1293 (7th Cir.1985); McDonald v. E.J. Lavino Co., 430 F.2d 1065, 1074 (5th Cir.1970)); accord In re Lease Oil Antitrust Litig., 570 F.3d at 248. ‘“The requirement of timeliness is not a tool of retribution to punish the tardy would-be intervenor, but rather a guard against prejudicing the original parties by the failure to apply sooner.’ ” Heaton v. Monogram Credit Card Bank, 297 F.3d 416, 422 (5th Cir.2002) (quoting Espy, 18 F.3d at 1205). “Th[is] analysis is contextual; absolute measures of timeliness should be ignored.” Espy, 18 F.3d at 1205; accord Heaton, 297 F.3d at 422. “A court should ignore ‘how far the litigation has progressed when intervention is sought[,] ... the amount of time that may have elapsed since the institution of the action ... [, and] the likelihood that intervention may interfere with the orderly judicial processes.’” Am. V Ships Ltd. v. Norica Eng’g Servs., 34 Fed.Appx. 151, 2002 WL 496377, at *3 (5th Cir.2002) (quoting John Doe # 1 v. Glickman, 256 F.3d 371, 376 (5th Cir.2001)).

When determining whether a motion to intervene is timely, a court must consider the following four factors: (1) how long the potential intervenor knew or reasonably should have known of his stake in the case into which he seeks to intervene; (2) the prejudice, if any, the existing parties may suffer because the potential intervenor failed to intervene when he knew or reasonably should have known of his stake in that ease; (3) the prejudice, if any, the potential intervenor may suffer if the court does not let him intervene; and (4) any unusual circumstances that weigh in favor of or against a finding of timeliness. In re Lease Oil Antitrust Litig., 570 F.3d at 247-48; Effjohn Int’l Cruise Holdings, Inc. v.

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278 F.R.D. 162, 81 Fed. R. Serv. 3d 1026, 2012 WL 400288, 2012 U.S. Dist. LEXIS 5897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeast-recovery-group-llc-v-bp-america-inc-laed-2012.