Opinion
CIVIL ACTION Case No. 08-2489-CM-GLR.
June 25, 2009
MEMORANDUM AND ORDER
This matter is before the Court on the Motion to Intervene (doc. 34) filed by Robert S. Tomassi. He moves to intervene as a matter of right, under Fed.R.Civ.P. 24(a)(2), in his capacity as administrator of the Estate of Clara Blackburn. No party has filed a response in opposition to the Motion. For the reasons set forth below, the Court sustains the Motion to Intervene.
I. Background
Plaintiff filed this interpleader action to distribute insurance benefits among the parties as a result of an August 7, 2008 automobile accident, involving vehicles operated by Henry White and Joseph Cleon Blackburn. The movant states that Clara Blackburn was a passenger in the vehicle driven by Joseph Cleon Blackburn and later died from injuries sustained in the accident. On May 22, 2009, Robert S. Tomassi filed the Motion to Intervene (doc. 34) as a matter of right, to represent the Estate of Clara Blackburn.
See Compl. at 2.
Id. at 2-3, Mot. to Intervene at 1.
II. Standard
III. Analysis
S.E.C. v. Kings Real Estate Inv. Trust, 222 F.R.D. 660, 667 (D. Kan. 2004) (citing Coalition of Ariz./N.M. Counties for Stable Econ. Growth v. Dep't of the Interior, 100 F.3d 837, 840 (10th Cir. 1996)).
Mot. to Intervene at 1-2.
Movant Robert S. Tomassi has met the requirements of Rule 24(a)(2) for intervention as a matter of right. First, the Motion to Intervene (doc. 34) appears to have been timely filed. The Motion was filed five months after the Amended Complaint and prior to any discovery. No party has filed a response in opposition to the Motion to Intervene.
Second, the Estate of Clara Blackburn claims an interest relating to the property that is the subject of the action, the insurance benefits arising from the accident in which she allegedly was a passenger in the vehicle driven by Joseph Cleon Blackburn and from which she allegedly died. No other party in this action appears to be representing the interests of the Estate of Clara Blackburn. Thus, those interests would be impaired were the administrator of the estate not allowed to intervene.
Accordingly, the Court finds that Robert S. Tomassi has established all elements required under Fed.R.Civ.P. 24(a)(2) for intervention as a matter of right. It sustains the Motion to Intervene.
IT IS THEREFORE ORDERED that the Motion to Intervene (doc. 34) is sustained. Within 10 days of the date of this Order, Intervenor Robert S. Tomassi, as administrator of the Estate of Clara Blackburn, shall file an Answer.