2:25-cv-02136
D. Kan.Apr 14, 2025Background
- Shannon Steede filed suit alleging unlawful removal as shareholder and director of Freight Logic Inc., seeking extensive injunctive and monetary relief.
- Plaintiff named Mike Levy and David Burdick as defendants, later clarifying that Freight Logic was not a defendant.
- After Plaintiff sought relief affecting Freight Logic's operations and assets, Freight Logic moved to intervene as of right or permissively under Fed. R. Civ. P. 24.
- Freight Logic argued its interests in corporate assets and operations could be impaired by the outcome and are not adequately represented by current defendants.
- Defendants moved to strike Plaintiff’s response to the intervention motion and an affidavit, arguing both filings were procedurally improper.
- The Court addressed motions to intervene and to strike, examining timeliness, protectable interests, adequacy of representation, and procedural requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Freight Logic can intervene | No specific objection to intervention; disputes merits | Freight Logic's rights/interests at risk; seeks intervention | Motion to intervene granted; Freight Logic may intervene |
| Timeliness of intervention | No objection | Filed promptly after interests clarified | Motion is timely; no prejudice |
| Adequacy of representation | -- | Defendants are individuals, interests may diverge | Existing parties do not adequately represent Freight Logic |
| Procedural propriety of Plaintiff's filings | Filed response/affidavit to proposed complaint | Not permitted before complaint filed; affidavit not attached to a motion | Plaintiff’s filings stricken as premature and improper |
Key Cases Cited
- WildEarth Guardians v. Nat’l Park Serv., 604 F.3d 1192 (10th Cir. 2010) (lists intervention as of right requirements)
- Western Energy Alliance v. Zinke, 877 F.3d 1157 (10th Cir. 2017) (court favors liberal approach to intervention)
- Sanguine, Ltd. v. U.S. Dep’t of Interior, 736 F.2d 1416 (10th Cir. 1984) (timeliness for intervention considered under all circumstances)
- Barnes v. Sec. Life of Denver Ins. Co., 945 F.3d 1112 (10th Cir. 2019) (minimal burden for showing inadequate representation in intervention)