CUSELLA v. MCDOWELL
| WILLIAM D. CUSELLA |
| PRECIOUS MCDOWELL |
| AMICA MUTUAL INSURANCE COMPANY |
| TRUCK INSURANCE EXCHANGE |
| 1:2024cv02874 |
| October 9, 2024 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on November 16, 2024. A more recent docket listing may be available from PACER.
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MINUTE ORDER granting Amica Mutual Insurance Company's #7 Motion to Intervene. Amica Mutual Insurance Company seeks to intervene in this negligence action under Federal Rule of Civil Procedure 24(a) and (b). The Court will permit Amica to intervene under Rule 24(b). District courts "may allow an applicant to intervene when it demonstrates (1) 'on timely motion' that it (2) 'has a claim or defense that shares with the main action a common question of law or fact.'" Biden v. IRS, 2024 WL 4332072, at *3 (D.D.C. Sept. 27, 2024) (citing Fed. R. Civ. P. 24(b)(1)(B)). "When exercising its discretion to allow permissive intervention, the Court also 'must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.'" Id. (citing Fed. R. Civ. P. 24(b)(3)). The first two factors favor intervention, as Amica moved to intervene within 24 days of the filing of the Complaint and may suffer financial injury as a result of an adverse judgment against Defendant. Furthermore, Amica's intervention does not appear to risk confusion or prejudice the current parties to this case--indeed, no party has opposed Amica's #7 Motion to Intervene. For these reasons, it is hereby ORDERED that the #7 Motion to Intervene is GRANTED. It is further ORDERED that Intervenor shall (1) confer in good faith with Plaintiff and Defendant to eliminate duplicative briefing, and (2) abide by any briefing and case management schedules the Court establishes. Signed by Judge Timothy J. Kelly on 11/16/2024. (lctjk1)
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| Filing 9 ANSWER to Complaint with Jury Demand by TRUCK INSURANCE EXCHANGE.(Cole, Robin) |
| Filing 8 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMICA MUTUAL INSURANCE COMPANY (Howie, Timothy) |
| Filing 7 MOTION to Intervene by AMICA MUTUAL INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Howie, Timothy) |
| Filing 6 ANSWER to Complaint by AMICA MUTUAL INSURANCE COMPANY.(Howie, Timothy) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TRUCK INSURANCE EXCHANGE served on 10/22/2024, answer due 11/12/2024 (Grenier, Peter) |
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Filing 4
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 10/10/2024. (lctjk1)
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| Filing 3 SUMMONS (1) Issued Electronically as to PRECIOUS MCDOWELL. (Attachments: #1 Notice and Consent)(zcb) |
| Case Assigned to Judge Timothy J. Kelly. (zcb) |
| Filing 2 NOTICE PLAINTIFF'S DISCLOSURE OF CITIZENSHIP IN DIVERSITY JURISDICTION CASES by WILLIAM D CUSELLA (Grenier, Peter) |
| Filing 1 COMPLAINT against PRECIOUS MCDOWELL with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11221337) filed by WILLIAM D CUSELLA. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Grenier, Peter) |
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