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Akshayraj, Inc. v. Getty Petroleum Marketing

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 18, 2008

AKSHAYRAJ, INC., ET AL., PLAINTIFFS,
v.
GETTY PETROLEUM MARKETING, INC. AND LUKOIL AMERICAS CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: Noel L. Hillman, U.S.D.J.

ORDER

This matter having come before the Court on the motion of Gilberto Felix and Jonathan Lee Riches, both appearing pro se and both currently incarcerated at FCI Williamsburg, to intervene in this case; and

Felix and Riches claiming that they should be permitted to intervene in this case pursuant to Federal Civil Procedure Rules 24(a)*fn1 and 24(b)*fn2 ; and

Felix and Riches claiming that they have "an interest in the case," their intervention "presents questions of laws and facts that are common in this action," and that they have "newly discovered evidence" related to this case regarding how defendants violated "federal laws and civil rights"; and

The federal rule regarding intervention providing,

A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought,

Fed. R. Civ. P. 24(c); and

The Court noting that Felix and Riches have failed to comply with Rule 24(c), in that it appears that (1) they have not served their motion upon the parties in the case, (2) they have failed to articulate, other than making conclusory statements, the grounds for their intervention, and (3) they have failed to provide a complaint setting out the claims for which intervention is sought*fn3 ;

Therefore,

IT IS HEREBY on this 18th day of August, 2008 ORDERED that the motion for intervention of Gilberto Felix and Jonathan Lee Riches [128] is DENIED.*fn4


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