Plaintiffs' Motion for Leave to Intervene and to Join Additional Defendant with Certificate of Service and Conference

    IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT [OF TEXES pet 

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DALLAS DIVISION | NORTHERN DISTRICT OF TEXAR 

  

LOIS THOMPSON on behalf of and as 

next friend to TAYLOR KEONDRA DIXON, 

ZACHERY X. WILLIAMS, CALVIN A. 

THOMPSON and PRENTISS LAVELL 

MULLINS, 

— 

Plaintiffs,       
  

PEOPLE UNITED FOR A BETTER OAKLAND, 

on behalf of its members; DENVER 

ACTION FOR A BETTER COMMUNITY, on 

behalf of its members; NEW YORK CITY 

COALITION TO END LEAD POISONING, 

on behalf of its members; ROBIN GOURLEYS§ 

on behalf of and as next friend to BRYAN § 

ALAN GOURLEY, WESLEY KYLE GOURLEY, § 

BRIDGET MICHELLE GOURLEY, LINDA 

DANIELLE GOURLEY and BETSEY IRENE 

GOURLEY; TEARRAH ROBERSON on behalf 

of and as guardian ad litem to JUAN 

WILKINS; and MARY MARIE ROBERSON 

on behalf of and as guardian ad litem to 

ASHARD MOORE, JASON ROLLINS, ASHEA 

ROBERSON, and NASHEIKA ROBERSON, 

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WD
 

CIVIL ACTION NO. 

3:92-CV-+1539-R 

Plaintiff /Intervenors, 

VS. 

BURTON F. RAIFORD, in his capacity as 
Commissioner of the Texas Department 

of Human Services, 

The UNITED STATES OF AMERICA, 

Defendants, 

LOUIS W. SULLIVAN, in his capacity as 

Secretary of the United States 

Department of Health and Human 

Services, 

Additional-Defendant. D
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PLAINTIFF/INTERVENORS’ MOTION FOR LEAVE TO 

INTERVENE AND TO JOIN ADDITIONAL DEFENDANT - Page 1 
   



PLAINTIFF/INTERVENORS’ MOTION FOR LEAVE 
TO INTERVENE AND TO JOIN ADDITIONAL DEFENDANT 
  

Plaintiff /Intervenors People United for a Better Oakland, on 

behalf of its members; Denver Action for a Better Community, on 

behalf of its members; New York City Coalition to End Lead 

Poisoning, on behalf of its members; Robin Gourley on behalf of 

and as next friend to Bryan Alan Gourley , Wesley Kyle Gourley, 

Bridget Michelle Gourley, Linda Danielle Gourley and Betsey Irene 

Gourley; Tearrah Roberson on behalf of and as guardian ad litem to 

Juan Wilkins; and Mary Marie Roberson on behalf of and as guardian 

ad litem to Ashard Moore, Jason Rollins, Ashea Roberson, and 

Nasheika Roberson move this Court for an Order granting them leave 

to intervene in this action as of right pursuant to Rule 24 (a) (2), 

F.R.C.P. or in the alternative, for permissive intervention 

pursuant to Rule 24 (b) (2), F.R.C.P. 

Plaintiff /Intervenors further seek the compulsory joinder of 

the Secretary of the United States Department of Health and Human 

Services as an additional party defendant pursuant to Rule 19(a), 

F.R.C.P. or in the alternative, permissive joinder of said 

defendant pursuant to Rule 20(a), F.R.C.P. 

These motions should be granted for the reasons more fully 

set out in the Menorandus in Support hereof and amplified in the 

proposed Complaint in Intervention attached hereto as an exhibit. 

PLAINTIFF/INTERVENORS’ MOTION FOR LEAVE TO 

INTERVENE AND TO JOIN ADDITIONAL DEFENDANT - Page 2 
   



  

Respectfully submitted, 

Julius L. Chambers 
Alice Brown 
NAACP Legal Defense & 

Educational Fund, Inc. 
99 Hudson Street, Suite 1600 
New York, New York 10013 

(212) 219-1900 

Bill Lann Lee 
Kirsten D. Levingston 
NAACP Legal Defense & 

Educational Fund, Inc. 
315 West Ninth St., Suite 308 
Los Angeles, CA 90015 
(213) 624-2404 

Jane Perkins 
National Health Law Program 
1815 H Street, N.W. 
Suite 705 
Wasington, D.C. 20006 
(202) 887-5310 

Carlene McNulty 
North States Legal Services 
114 West Corbin Street 
Hillsborough, N.C. 27278 
(919) 73-8137 

Lucy Billings 
Marie-Elena Ruffo 
Bronx Legal Services 
579 Courtlandt Avenue 
Bronx, N.Y. 1045] 
(212) 993-6250 

PLAINTIFF/INTERVENORS’ MOTION FOR LEAVE TO 

INTERVENE AND TO JOIN ADDITIONAL DEFENDANT - Page 3 
  

 



PLAINTIFF/INTERVENORS’ MOTION FOR LEAVE TO 
INTERVENE AND TO JOIN ADDITIONAL DEFENDANT 
  

Lortf Ak. — 
  

Edward B. Cloutman, 
(Bar No. 044 110 ir 
Law Offices of 

Edward B. Cloutman, III 
3301 Elm Street 
Dallas, Texas 75226-1637 
(214) 939-9222 
(214) 939-9229 (Telecopier) 

COUNSEL FOR PLAINTIFF- 

INTERVENORS PUEBLO, ABC, 

NYCCELP, and Individual 
plaintiff/intervenors 

- Page 4  



CERTIFICATE OF CONFERENCE 

  

  

I certify that a conference was held with counsel for defendant United States of 
America, Alina S. Kofsky, Esq., on the issues of intervention and joinder raised in the foregoing 
Motions. Counsel for the United States authorized me to represent that she opposes the 
Motions. I further certify that a conference was attempted with Edwin N. Horne, Esq., counsel 
for defendant Burton F. Raiford, however, counsel was unavailable. Finally, I certify that a 
conference was held with Michael M. Daniel, Esq., counsel for plaintiffs, and that he agrees 
with the Motions. 

Sten D. Lovmgsion 
  

  

CERTIFICATE OF SERVICE 
  

Undersigned counsel for proposed plaintiff-intervenors certifies that copies of the Notice 
of Motions, Memorandum in Support of Motions, and Proposed Orders were served on counsel 
for the parties by telefacsimile and by United States mail, first class postage prepaid, to: 

Michael M. Daniel, P.C. 

3301 Elm Street 

Dallas, TX 75226-1637 

(214) 939-9229 (telefacsimile) 

Edwin N. Horne 
Assistant Attorney General 
General Litigation Division 
P.O. Box 12548 
Capital Station 
Austin, TX 78711-2548 
(512) 447-0511 (telefacsimile) 

Alina S. Kofsky 
Sheila Lieber 
Department of Justice 

Federal Programs Branch, Civil Division 
901 E Street, N.W. 

Washington, D.C. 20530 
(202) 616-8470 (telefacsimile) 

AW forgot 
This 21st day of October, 1992. 

  

Kirsten D. Levingston £/