Motion to Intervene - United States v. L'Anse Area Schools

WESTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

LOUIS OWEN,
Plaintiff,
and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,

v.

L'ANSE AREA SCHOOLS, et al.,
Defendant.
___________________________________

File No. 2:00-cv-71
Hon. Gordon J. Quist
U.S. District Judge

UNITED STATES' MOTION TO INTERVENE

The United States hereby moves to intervene in the above-captioned case as a party-plaintiff, pursuant to Rule 24 of the Federal Rules of Civil Procedure, and to 42 U.S.C. § 2000e-5(f)(1).

In support of this motion, the United States submits:

1. The Complaint was filed on March 27, 2000, in the above-captioned case asserting claims under, inter alia, Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. (Title VII). Plaintiff Louis Owen alleges that the L'Anse Area Schools subjected him to a hostile work environment, inter alia, on the basis of his religion and/or national origin (ethnicity), which is Jewish. Plaintiff alleges that, despite actual notice of the hostile work environment, the defendants did not take reasonable measures within their control to alleviate the hostile work environment.

2. Title VII authorizes the district court, in its discretion, to "#permit . . . the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in [a private] civil action upon certification that the case is of general public importance." 42 U.S.C. § 2000e-5(f)(1).

3. Rule 24(b) of the Federal Rules of Civil Procedure provides for permissive intervention when "a statute of the United States confers a conditional right to intervene." Rule 24(b) also states that "[w]hen a party to an action relies . . . upon any statute or executive order administered by a federal or state governmental officer or agency . . . the officer or agency upon timely application may be permitted to intervene in the action." Fed. R. Civ. P. 24(b).

4. The United States meets the requirements of Rule 24(b) because, inter alia, there is a statute conferring a conditional right to intervene, and, in addition, the United States Department of Justice administers and enforces Title VII of the Civil Rights Act of 1964 in claims against state and local government employers; Title VII is one of the statutes relied upon in Mr. Owen's claim. Moreover, this application to intervene is timely and, if granted, will not delay resolution of this matter.

5. The United States has a strong interest in the proper and effective enforcement of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., which may be affected by this litigation.

6. Both Plaintiff and the United States claim a violation of Title VII, and these claims are based on substantially the same facts.

7. The Attorney General's designee, the Assistant Attorney General for Civil Rights, has certified this case as one of general public importance, and the certificate is attached to the Complaint in Intervention. See 28 C.F.R. § 0.50(a).

8. The United States' proposed intervention is timely. No dispositive motions have been filed with the Court, and discovery has recently commenced. The trial in this case, scheduled for the trial session commencing August 20, 2001, will not be affected by the intervention of the United States.

9. With respect to the exchange of known witnesses, time has elapsed under the Court's current Case Management Order, which called for the names of plaintiff's witnesses, including experts, to be furnished to the defendant by August 16, 2000. See Case Management Order of July 10, 2000. If the Court grants intervention, the United States will consult with the other parties to develop, and to submit to the Court for approval, a proposed new Case Management Order.

Wherefore, the United States requests that this Court allow it to intervene. A proposed Order is attached hereto.

Respectfully Submitted,

JANET RENO
Attorney General

By:

________________________________
BILL LANN LEE
Assistant Attorney General
Civil Rights Division

________________________________
WILLIAM B. FENTON
AARON D. SCHUHAM
ROSS WIENER
Attorneys
U.S. Department of Justice
Civil Rights Division
P.O. Box 65968
Washington, D.C. 20035-5968

MICHAEL H. DETTMER
United States Attorney

By:________________________________
CHARLES R. GROSS
Assistant United States Attorney
Chief, Civil Division
Western District of Michigan

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

LOUIS OWEN,
Plaintiff,
and
UNITED STATES OF AMERICA,
Plaintiff-Intervenor,

v.

L'ANSE AREA SCHOOLS, et al.,
Defendant.
___________________________________

File No. 2:00-cv-71
Hon. Gordon J. Quist
U.S. District Judge

ORDER

Upon good cause shown, the United States' Motion to Intervene is GRANTED. The parties shall confer to develop and submit a proposed modified Case Management Order within two weeks of the issuance of the instant Order.

________________________________

GORDON J. QUIST

United States District Judge