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United States v. City of Seattle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Jul 19, 2018
CASE NO. C12-1282JLR (W.D. Wash. Jul. 19, 2018)

Opinion

CASE NO. C12-1282JLR

07-19-2018

UNITED STATES OF AMERICA, Plaintiff, v. CITY OF SEATTLE, Defendant.


ORDER DENYING MOTION TO INTERVENE

Before the court is nonparty Isabelle Kerner's motion to intervene. (Mot. (Dkt. # 460).) Ms. Kerner is proceeding pro se, and the court liberally construes her filing as a motion to intervene in these proceedings and a supporting memorandum.

Under Federal Rule of Civil Procedure 24(a), to intervene in this action as of right, Ms. Kerner must establish that she has (1) "an unconditional right to intervene by a federal statute," or (2) "an interest relating to the . . . transaction that is the subject of the action." Fed. R. Civ. P. 24(a). To intervene permissively under Rule 24(b), Ms. Kerner must show that she has (1) "a conditional right to intervene by a federal statute," or (2) "a claim or defense that shares with the main action a common question of law or fact." Fed. R. Civ. P. 24(b)(1). The burden is on the proposed intervenor to demonstrate that the conditions for intervention are satisfied. United States v. Alisal Water Corp., 370 F.3d 915, 919 (9th Cir. 2004).

Ms. Kerner fails to demonstrate that the conditions for either intervention as of right or for permissive intervention are met. See Fed. R. Civ. P. 24(a)-(b)(1). Accordingly, the court DENIES her motion to intervene (Dkt. # 460). Further, the court DIRECTS the Clerk to refrain from placing any future filings by Ms. Kerner on the docket for this case, unless the filing is a motion for reconsideration or a notice of appeal of this order.

Dated this 19th day of July, 2018.

/s/_________

JAMES L. ROBART

United States District Judge


Summaries of

United States v. City of Seattle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Jul 19, 2018
CASE NO. C12-1282JLR (W.D. Wash. Jul. 19, 2018)
Case details for

United States v. City of Seattle

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. CITY OF SEATTLE, Defendant.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Jul 19, 2018

Citations

CASE NO. C12-1282JLR (W.D. Wash. Jul. 19, 2018)