United States District Court, W.D. Kentucky, Louisville Division
UNITED FIRE & CASUALTY COMPANY a/s/o RIVERGREEN WATER RECYCLING, LLC PLAINTIFF
UNIVERSAL ENVIRONMENTAL SERVICES, LLC, et al. DEFENDANTS
OPINION AND ORDER
King, Magistrate Judge.
Justin R. Walker referred this matter to Magistrate Judge
King for hearing and determining all pretrial matters before
the Court and to conduct a settlement conference. [DN 16].
matter is now before the Court on Movant Great West Casualty
Insurance Company's (“Great West”) Motion for
Leave to File an Intervening Complaint. [DN 19]. For the
reasons below, Movant Great West's Motion for Leave to
File an Intervening Complaint, [DN 19], is GRANTED.
matter stems from an alleged explosion and fire that occurred
on January 29, 2019, in Louisville, Kentucky. [DN 1-2 at 8].
Plaintiff United Fire & Casualty Company (“United
Fire”), as subrogee of River Green Water Recycling,
Inc., claims this incident resulted from the negligence of
Defendants Universal Environmental Services, LLC
(“Universal”), and Dependable Tank Line, LLC
(“Dependable”). Id. Specifically,
Plaintiff alleges that Universal (a business that collects
non-hazardous petroleum contaminated water and sends it for
treatment) used Dependable (a transportation company that
transports liquids by tanker-trucks) to transport a liquid
containing a mixture of gasoline and a heavy petroleum
distillate to River Green Water Recycling, Inc. (“River
Green”), which caused an explosion and fire at River
Green's facility. Id. at 9-10.
September 17, 2019, Plaintiff filed a Complaint in the
Jefferson Circuit Court, Civil Action No. 19-CI-005683
against Defendants Universal and Dependable. [DN 1-2].
Shortly thereafter, Defendant Dependable removed this action
to the United States District Court for the Western District
of Kentucky. [DN 1].
December 16, 2019, Movant Great West Casualty Insurance
Company (“Great West”) filed its Motion for Leave
to File an Intervening Complaint [DN 19]. Great West alleges
it issued a policy of insurance to Dependable that was in
effect at the time of the subject incident and paid insurance
benefits to Dependable due to the damage Dependable's
vehicle incurred from said incident. Id. at 87. To
protect its subrogation interest, Great West alleges
negligence claims against both Universal and River Green. [DN
19-1]. Great West asserts in its motion that Plaintiff has no
objection to the motion. [DN 19 at 87]. To date, no party has
filed a response objecting to this motion. This matter is now
ripe for a decision.
West filed its Motion for Leave to File an Intervening
Complaint [DN 19] pursuant to F.R.C.P. 24. Rule 24, inter
alia, states “On timely motion, the court may permit
anyone to intervene who…has a claim or defense that
shares with the main action a common question of law or
fact.” F.R.C.P. 24(b)(1). Importantly, “[i]n
exercising its discretion, the court must consider whether
the intervention will unduly delay or prejudice the
adjudication of the original parties' rights.”
Great West's claims share common questions of law or fact
with the main action. The claims asserted by the original
parties and Great West's proposed claims all revolve
around the alleged explosion and subsequent fire that
occurred on January 29, 2019. As Great West's claims deal
with the same subject incident, they share common questions
of law or fact with the main action.
allowing Great West to intervene in this action will not
unduly delay or prejudice the adjudication of the original
parties' rights. This matter is still in its infancy. No.
Rule 26(f) Conference Report has been filed and this Court
has yet to hold a Rule 16 Scheduling Conference. As this
matter is in its early stages, allowing Great West to
intervene should not prejudice or delay the adjudication of
the original parties' rights.
Movant Great West's Motion for Leave to File an
Intervening Complaint meets the required notice and pleading
standards, the claims contained therein share a
common question of law or fact to the main action, and adding
these claims will not prejudice or ...