Amato v. Western Union International, Inc.
Amato v. Western Union International, Inc.
Opinion of the Court
MEMORANDUM DECISION AND ORDER
Plaintiffs commenced the above-captioned action alleging, inter alia, that defendants committed various violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1101-1368 (1982).
First, Rule 24(c) of the Federal Rules of Civil Procedure provides that “A person desiring to intervene shall serve a motion to intervene ____ The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought ____” No such pleading has accompanied this application.
Second, Rule 24(a) requires that an applicant seeking to intervene of right must “claimf ] an interest relating to the property or transaction which is the subject of the action” and must be “so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest____” That requirement is clearly not met by this application because the amendment to Western Union’s pension plan at issue in the above-captioned action expressly does not apply to the proposed intervenors; it only applies to employees who were not covered by a collective bargaining agreement.
Third, it appears that any interest that the members of Local 111 might have in this action is adequately represented by the existing plaintiffs. Fed.R.Civ.P. 24(a)
CONCLUSION
In accordance with the foregoing, Local Ill’s application to intervene in the above-captioned action is denied.
It is SO ORDERED.
Reference
- Full Case Name
- Frank J. AMATO, Robert J. Andes, Ernest R. Buntin, Raymond V. Carlisle, Henry Kee Che, Nicholas Cicero, Joseph Cilenti, Paul L. Coriaty, Robert C. Davis, Ronald D'Elia, Robert DeForge, Ernest Ford, Anthony J. Gargiulo, Norman Goldman, Gerald Green, Joseph A. Gregurich, Thomas G. Harrington, Frank A. Larkin, Salvatore Lifari, David Mallon, Frank P. Manzione, Richard W. Phillips, Nicholas F. Rotolo, Bruce Rutherford, Thomas W. Smith, Arthur Tavenor, Eugene F. Tonissen, Felix Vales, Jr., and Leonard L. Wisniewski v. WESTERN UNION INTERNATIONAL, INC., M.C.I. Communications Corporation, and Microwave Maintenance Corporation
- Status
- Published