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Levels v. Cannonball Express

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 20, 2006

GEORGE E. LEVELS, PLAINTIFF,
v.
CANNONBALL EXPRESS, INC., D/B/A CANNONBALL EXPRESS TRANSPORTATION ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

This matter comes before the Court on Applicant's Motion to Intervene Pursuant to Rule 24(a)(2). (Doc. 14). On its face, the instant matter seems appropriate for intervention pursuant to FEDERAL RULE OF CIVIL PROCEDURE 24(a)(2), which grants intervention as of right when the Applicant " claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties."

Applicant is Liberty Mutual, the Insurance Carrier for Plaintiff's employer. Liberty Mutual has paid and continues to pay workers' compensation benefits to Plaintiff. 820 Ill. Comp. Stat. 305/5 grants Liberty Mutual an interest related to the outcome of this action. Furthermore, as of this date, the parties in the instant matter have not responded to the Motion. Pursuant to LOCAL RULE 7.1(g), the Court considers this failure an admission of the merits of the motion.*fn1 Accordingly, the Court GRANTS Applicant's Motion to Intervene (Doc. 14). Applicant will now be referred to as "Plaintiff-Intervenor." Parties are directed to provide Liberty Mutual notice of any and all proceedings in this case. Furthermore, now that Applicant's Motion to Intervene has been granted, Liberty Mutual's Complaint to Intervene and to Protect Lien (Doc. 15) is deemed FILED INSTANTER.

IT IS SO ORDERED.

David R. Herndon United States District Judge


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