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Lopez v. United Rentals

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 25, 2009

JAMIE LOPEZ AND IBEL PEREZ, PLAINTIFFS,
v.
UNITED RENTALS, INC. AND DOES 1 TO 100, INCLUSIVE, DEFENDANTS.

MEMORANDUM AND ORDER

This matter is before the court on proposed intervenor Seabright Insurance Company, Inc.'s ("Seabright") motion for leave to file a complaint in intervention.*fn1 (Docket #19.) Seabright seeks to intervene, in this personal injury action, on the grounds that it is an insurance carrier that has paid benefits to its insured's employee plaintiff Jamie Lopez for losses allegedly caused by parties to this action. Seabright alleges it is subrogated to such claims to the extent of its payments, and therefore, has a direct pecuniary interest in the outcome of this litigation.

Defendant JLG Industries, Inc. does not oppose the motion. (Non-Opp'n, filed Aug. 18, 2009 [Docket #27].)*fn2 As such, the court GRANTS Seabright's motion. Intervention in this case is appropriate as a matter of right, pursuant to Fed. R. Civ. P. 24(a), or alternatively, permissively, pursuant to Fed. R. Civ. P. 24(b). The Clerk of the Court is directed to separately file Seabright's Complaint in Intervention (Docket #22), attached as Ex. A to the Alper Declaration. Seabright shall serve its complaint on the relevant parties with 30 days of the date of this order.

IT IS SO ORDERED.


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