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U.S. v. San Juan-Cruz

Facts

Appellants, Asian and Latino representatives, filed an application to intervene in the San Francisco school desegregation case pursuant to Fed. R. Civ. P. 24. The district court denied the application without prejudice. On appeal, appellants contended that the district court erred when it denied their motion to intervene under both Fed. R. Civ. P. 24(a), intervention as of right, and Fed. R. Civ. P. 24(b), permissive intervention. The court affirmed, holding that although appellants had met the requirements of timeliness and interest in the subject matter, the appellants had failed to demonstrate that, without intervention, their ability to protect their interests would have been impaired or impeded and that their interests would not have been adequately represented.

Appellants, Asian and Latino representatives, filed an application to intervene in the San Francisco school desegregation case pursuant to Fed. R. Civ. P. 24. The district court denied the application without prejudice.

Issue

Did the district court err in denying the appellants' motion to intervene in the San Francisco school desegregation case under Fed. R. Civ. P. 24?

Did the district court err in denying the appellants' motion to intervene in the San Francisco school desegregation case under Fed. R. Civ. P. 24?

Rule

A motion to intervene as of right under Rule 24(a) is analyzed under a four-part test: first, the applicant's motion must be timely; second, the applicant must assert an interest relating to the property or transaction which is the subject of the action; third, the applicant must be so situated that without intervention the disposition of the action may, as a practical matter, impair or impede its ability to protect that interest; and fourth, the applicant's interest must be inadequately represented by the parties to the action.

A motion to intervene as of right under Rule 24(a) is analyzed under a four-part test. Scotts Valley Band of Pomo Indians v. United States, 921 F.2d 924, 926 (9th Cir. 1990). First, the applicant's motion must be timely; second, the applicant must assert an interest relating to the property or transaction which is the subject of the action; third, the applicant must be so situated that without intervention the disposition of the action may, as a practical matter, impair or impede its ability to protect that interest; and fourth, the applicant's interest must be inadequately represented by the parties to the action.

Analysis

The court applied the four-part test for intervention as of right and found that while the appellants met the requirements of timeliness and interest, they did not demonstrate that their ability to protect their interests would be impaired without intervention. The court noted the high level of cooperation between the parties and the successful implementation of the desegregation plan, which indicated that the appellants' interests were being adequately represented through their membership on the Advisory Committee.

Although the appellants have met the requirements of timeliness and interest in the subject matter, a review of the posture and history of this case reveals that at this stage of implementation of the consent decree, the appellants have failed to demonstrate that, without intervention, their ability to protect their interests will be impaired or impeded and that their interests will not be adequately represented.

Conclusion

The court affirmed the denial without prejudice of appellants' application to intervene in the San Francisco school desegregation case, holding that the appellants had failed to demonstrate that their interests would not be adequately represented.

Thus, we affirm the district court's denial, without prejudice, of appellants' motion to intervene under either Fed. R. Civ. P. 24(a) or (b).

Who won?

The prevailing party was the San Francisco U.S.D. Bd. of Educ., as the court upheld the district court's decision to deny the appellants' motion to intervene.

The prevailing party was the San Francisco U.S.D. Bd. of Educ., as the court upheld the district court's decision to deny the appellants' motion to intervene.

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