Villas at Parkside Partners v. City of Farmers Branch

245 F.R.D. 551, 2007 U.S. Dist. LEXIS 40343, 2007 WL 1610127
CourtDistrict Court, N.D. Texas
DecidedJune 1, 2007
DocketCivil Action No. 3:06-CV-2371-L
StatusPublished
Cited by3 cases

This text of 245 F.R.D. 551 (Villas at Parkside Partners v. City of Farmers Branch) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Villas at Parkside Partners v. City of Farmers Branch, 245 F.R.D. 551, 2007 U.S. Dist. LEXIS 40343, 2007 WL 1610127 (N.D. Tex. 2007).

Opinion

MEMORANDUM OPINION AND ORDER

SAM A. LINDSAY, District Judge.

Before the court are: (1) Motion of Federation of American Immigration Reform, Inc. for Leave to Intervene as Defendant and to File an Answer, filed January 26, 2007; (2) Defendant City of Farmers Branch’s Rule 12(b)(1) and 12(b)(6) Motion to Dismiss [Barrientos Plaintiffs’ Complaint], filed March 8, 2007; (3) [Villas] Plaintiffs’ Unopposed Motion to Enlarge Time to Respond to Defendant’s Motion to Dismiss, filed April 17, 2007; (4) [Barrientos] Plaintiffs’ Motion for Leave to File Amended Complaint, filed May 23, 2007; (5) [Barrientos] Plaintiffs’ Motion for Leave to Amend Application for Injunctive Relief, filed May 23, 2007; and (6) Motion to Withdraw as Counsel, filed June 1, 2007. After careful consideration of the motions, responses, replies, record, and applicable law, the court denies Motion of Federation of American Immigration Reform, Inc. for [553]*553Leave to Intervene as Defendant and to File an Answer, grants [Barrientos] Plaintiffs’ Motion for Leave to File Amended Complaint, grants Defendant City of Farmers Branch’s Rule 12(b)(1) and 12(b)(6) Motion to Dismiss, grants [Villas] Plaintiffs’ Unopposed Motion to Enlarge Time to Respond to Defendant’s Motion to Dismiss, denies as moot [Barrientos] Plaintiffs’ Motion for Leave to Amend Application for Injunctive Relief, and grants Motion to Withdraw as Counsel.

I. Procedural and Factual Background

The court described the factual background of Farmers Branch Ordinance 2903 (the “Ordinance”) in its memorandum opinion and order granting temporary restraining order, entered May 21, 2007. The court therefore incorporates its earlier order insofar as the factual background of the Ordinance and procedural history of this case are described.

The Federation for American Immigration Reform, Inc. (“FAIR”) has moved to intervene as a defendant in this case. FAIR describes itself as a “national, nonprofit, public-interest, membership organization incorporated as a public charity.” FAIR Mot. 4, § III(l). FAIR states that it represents more than 200,000 members, including more than 1,200 who reside in Dallas County, including members “domiciled in Farmers Branch.” Id. § 111(2). These FAIR members who live in Farmers Branch also allegedly “own and rent property in Farmers Branch and are direct intended beneficiaries of the Ordinance.” Id. FAIR moves the court to intervene as a matter of right, or alternatively, pursuant to permissive intervention.

Also before the court is the city of Farmers Branch’s motions to dismiss the Barrientos Plaintiffs’ complaint. The city argues that Plaintiffs lack standing, that their claims are moot, and that Plaintiffs have failed to state claims upon which relief can be granted. While some of Defendant’s arguments have been made moot by the passage of the Ordinance, the May 12, 2007 Farmers Branch election approving the Ordinance, and the Barrientos Plaintiffs’ filing of an amended complaint, the city’s arguments regarding Plaintiffs’ standing and failure to state a claim remain before the court.

II. FAIR’S Motion to Intervene

A. Legal Standards

A party may intervene in a lawsuit as of right if: (1) the intervention is timely; (2) the party has an interest in the subject matter of the action; (3) the disposition of the case may impair or impede the party’s ability to protect that interest; and (4) the party is not adequately represented by the existing parties. Fed.R.Civ.P. 24(a)(2). “Although failure to satisfy any one element precludes the applicant’s right to intervene, ... the inquiry under section (a)(2) is a flexible one, which focuses on the particular facts and circumstances surrounding each application[.]” Ross v. Marshall, 426 F.3d 745, 753 (5th Cir.2005), cert. denied, — U.S. -, 127 S.Ct. 1125, 166 L.Ed.2d 892 (2007) (internal citation and quotation omitted); see also Sierra Club v. Espy, 18 F.3d 1202, 1205 (5th Cir.1994) (“Federal courts should allow intervention where no one would be hurt and greater justice could be obtained.”). A party may also intervene in a lawsuit by permission of the court, “[u]pon timely application ... when an applicant’s claim or defense and the main action have a question of law and fact in common.” Fed.R.Civ.P. 24(b)(2).

A. Analysis

FAIR moved to intervene in the Vasquez case on January 26, 2007, prior to the court’s consolidation of the three cases on April 18, 2007. The Vasquez Plaintiffs oppose FAIR’S intervention. FAIR argues that is entitled to intervene in this action, both as a matter of right and permissively. Plaintiffs counter that FAIR’S intervention fails to meet three of the elements under Rule 24(a) (2) and that FAIR should not be allowed to permissively intervene.

1. Intervention of Right

The court considers first whether FAIR has satisfied Rule 24(a). Neither FAIR nor Plaintiffs dispute that FAIR’S motion to intervene was timely, therefore the court considers whether the other three elements of Rule 24(a) are met.

The court turns first to whether FAIR can satisfy the second element under Rule 24(a), [554]*554whether it has “an interest relating to the property or transaction which is the subject of the action.” Fed.R.Civ.P. 24(a). FAIR argues that its interest in this action is “[t]he timely implementation of the Ordinance as enacted” and that “[t]he mere existence of the Ordinance greatly benefits FAIR members.” FAIR Mot. 6 § IV(B)(1)~(2). FAIR also argues that if Plaintiffs are successful, “FAIR members’ fundamental property rights and local public benefits and services, as well as privileges and immunities protected by the Supremacy Clause and the Fourteenth Amendment ... will be infringed and impermissibly restricted.” Id. § IV(B)(3). Plaintiffs argue that FAIR’S asserted interest in this litigation is vague and fails to meet the Fifth Circuit Court of Appeal’s requirement that the proposed intervenor’s interest is “direct, substantial [and] legally protectable.” Doe v. Glickman, 256 F.3d 371, 379 (5th Cir.2001) (brackets in original).

An intervenor’s interest must “be one which the substantive law recognizes as belonging to or being owned by the applicant. In addition, the intervenor should be the real party in interest regarding his claim.” Saldano v. Roach, 363 F.3d 545, 551 (5th Cir.), cert. denied, 543 U.S. 820, 125 S.Ct. 65, 160 L.Ed.2d 29 (2004) (internal citations and quotations omitted) (emphasis in original). The court has also noted that this requirement “is primarily a practical guide to disposing of lawsuits by involving as many apparently concerned persons as is compatible with efficiency and due process.” Espy, 18 F.3d at 1207 (quoting Ceres Gulf v. Cooper, 957 F.2d 1199, 1203 n. 10 (5th Cir.1992)).

The court determines that FAIR lacks an interest recognized under Rule 24(a) in this action.

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245 F.R.D. 551, 2007 U.S. Dist. LEXIS 40343, 2007 WL 1610127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villas-at-parkside-partners-v-city-of-farmers-branch-txnd-2007.