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Keywords

lawsuitplaintiffjurisdictionlitigationinjunctionappealmotioncivil procedureliens

litigationstatutetrialmotioncivil procedureappellant

Related Cases

League of United Latin Am. Citizens v. Wilson

Facts

The case arose after California voters passed Proposition 187, which aimed to restrict illegal aliens from receiving public services. Following the initiative's passage, several lawsuits were filed challenging its constitutionality, leading to a consolidated case in the Central District of California. The district court issued a temporary restraining order and a preliminary injunction against certain sections of the initiative. The Alan C. Nelson Foundation of Americans for Responsible Immigration (ACNFARI) sought to intervene in the litigation 27 months after the original complaints were filed, claiming a strong interest in the initiative's viability.

On February 4, 1997, approximately twenty-seven months after the suits were originally filed and at least eighteen months after the four other groups had successfully intervened, The Alan C. Nelson Foundation of Americans for Responsible Immigration ('ACNFARI') filed a motion to intervene in the litigation as a matter of right pursuant to Federal Rule of Civil Procedure 24(a)(2) or, in the alternative, by permission of the court pursuant to Federal Rule of Civil Procedure 24(b)(2).

Issue

Whether the applicant for intervention, ACNFARI, could participate in the litigation surrounding California's Proposition 187 given the untimeliness of its motion.

We must decide whether an applicant for intervention seeking to participate in the trial litigation surrounding California's Proposition 187 may do so.

Rule

Under Federal Rule of Civil Procedure 24(a)(2), a party may intervene as of right if the application is timely, the applicant has a significantly protectable interest, the disposition of the action may impair the applicant's ability to protect that interest, and the applicant's interest is inadequately represented by existing parties.

In the absence of a statute conferring an unconditional right to intervene, Federal Rule of Civil Procedure 24(a)(2) governs a party's application for intervention as of right in the federal courts.

Analysis

The court determined that timeliness was the threshold requirement for intervention. ACNFARI's motion was deemed untimely due to the 27-month delay in seeking intervention, which the court found was not adequately explained. The court noted that the litigation had progressed significantly, and allowing intervention at that stage would likely prejudice the existing parties and prolong the proceedings.

In determining whether a motion for intervention is timely, we consider three factors: '(1) the stage of the proceeding at which an applicant seeks to intervene; (2) the prejudice to other parties; and (3) the reason for and length of the delay.'

Conclusion

The court affirmed the district court's denial of ACNFARI's motion for intervention as of right due to its untimeliness and dismissed the appeal regarding permissive intervention for lack of jurisdiction.

The court affirmed the district court's denial of appellant applicant's motion for intervention as of right because the motion was untimely filed 27 months after the case was initiated.

Who won?

The prevailing party was the original plaintiffs challenging Proposition 187, as the court upheld the district court's denial of ACNFARI's motion to intervene.

The court affirmed that portion of the district court's judgment.

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