United States District Court, E.D. Louisiana
EDWARD DORSEY, JR.
UNITED RENTALS NORTH AMERICA, INC., ET AL
ORDER AND REASONS
WELLS ROBY, UNITED STATES MAGISTRATE JUDGE
the Court is a Motion for Leave to File a Complaint in
Intervention (R. Doc. 366) filed by Salvador I. Bivalacqua
and Scott Galante of Galante & Bivalacqua LCC
(“Intervenors”) requesting the Court to allow
them to intervene in the instant action to assert claims for
legal fees allegedly earned in representing Plaintiff Edward
Dorsey, Jr. R. Doc. 366. The motion was opposed. R. Doc. 373.
The motion was submitted on June 7, 2017. For the following
reasons, the motion is DENIED.
diversity action was removed from the 32nd Judicial District
Court for the Parish of Terrebonne on May 8, 2015. R. Doc. 1.
In the underlying case, Edward Dorsey
(“Plaintiff”) filed a suit seeking damages from a
number of defendants as a result of serious injury he
allegedly sustained while working as a sandblaster/painter on
a job at a WalMart Store in Cut Off, Louisiana. On February
21, 2017, the District Court issued an order dismissed the
Plaintiff's claims against all defendants without cost
and without prejudice to the right, upon good cause shown
within sixty days, to reopen the action if the settlement was
not consummated. R. Doc. 357. On February 27, 2017, after
being advised that any remaining parties to the above
captioned matter had settled their claims, the Court issued
an order that the case be “dismissed without costs and
without prejudice to the right, upon good cause shown within
sixty days, to reopen the action if settlement is not
consummated” while retaining the right to enforce the
settlement agreement. R. Doc. 360. Finally, on March 3, 2017,
the Court granted the Joint Motion to Dismiss with Prejudice
as to Edward Blair Dorsey Only (R. Doc. 361) filed by jointly
by all the Parties. R. Doc. 363. In that order, the Court
reserved jurisdiction only to “all other third party
demands, cross-claims, and other incidental demands by and
between P.R. Skate, L.L.C., United Rentals (North America)
Inc. and Arch Specialty Insurance.” Id. at p.
5, 2017, the Intervenors filed the instant Motion for Leave
for File Complaint in Intervention. R. Doc. 366. The
Intervenors allege that they were retained by and represented
the Plaintiff in the instant matter. R. Doc. 366-1, p. 1.
Before the Plaintiff allegedly terminated his relationship
with the Intervenors, they allege that they investigated his
claim; secured Workers Compensation benefits and medical
treatment; retained an expert; developed a theory of the
case, and filed the instant suit. Id. The
Intervenors assert that the Plaintiff is in violation of the
contingency fee agreement they entered into and is in
violation of the equitable principle of quantum
meruit that governs attorneys' liens in Louisiana.
Id. As such, the Intervenors seek to intervene in
the instant action to assert these claims.
Plaintiff has opposed the motion as untimely. R. Doc. 373.
Standard of Review
Rule of Civil Procedure 24(a) governs intervention as of
right. “Although the movant bears the burden of
establishing its right to intervene, Rule 24 is to be
liberally construed.” Wal-Mart Stores, Inc. v. Tex.
Alcoholic Beverage Comm'n, No. 16-50041, 2016 WL
4435631, at *1 (5th Cir. Aug. 22, 2016) (internal quotation
marks omitted) (quoting Texas v. United States, 805
F.3d 653, 656 (5th Cir. 2015)). See also Entergy Gulf
States La, L.L.C. v. U.S. E.P.A., 817 F.3d 198, 203 (5th
Cir. 2016) (quoting In re Lease Oil Antitrist
Litig., 570 F.3d 244, 248 (5th Cir. 2009)) (“The
rule ‘is to be liberally construed, ' with
‘doubts resolved in favor of the proposed
the movant does not have an “unconditional right”
under a federal statute to intervene, Fed.R.Civ.P. 24(a)(1),
the movant must satisfy a four part test:
1) the application ... must be timely; (2) the applicant must
have an interest relating to the property or transaction
which is the subject of the action; (3) the applicant must be
so situated that the disposition of the action may, as a
practical matter, impair or impede his ability to protect
that interest; (4) the applicant's interest must be
inadequately represented by the existing parties to the suit.
Id. (quoting Texas, 805 F.3d at 657).
the Intervenors have filed the instant motion seeking to
intervene in the instant action to assert claims for legal
fees allegedly earned in representing the Plaintiff under
Federal Rule of Civil Procedure 24(a)(2). R. Doc. ...