Proposed Order on Plaintiffs' Motion for Intervention

    UNITED STATES DISTRICT COURT 

  

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

LOIS THOMPSON on behalf of and as next | CASE NO. 3-92 CV 1539-R 
friend to TAYLOR KEONDRA DIXON, 
ZACHERY X. WILLIAMS, CALVIN A. 
THOMPSON and PRENTISS LAVELL 
MULLINS, 

Plaintiffs, | Civil Action 

PEOPLE UNITED FOR A BETTER 
OAKLAND, on behalf of its members; 
DENVER ACTION FOR A BETTER Class Action 
COMMUNITY, on behalf of its members; 
NEW YORK CITY COALITION TO END 
LEAD POISONING, on behalf of its [PROPOSED] ORDER ON 
members; ROBIN GOURLEY on behalf of PLAINTIFF-INTERVENORS’ 
and as next friend to BRYAN ALAN MOTION FOR INTERVENTION 
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, 

Plaintiff-Intervenors, 
V. 

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.     

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Plaintiff-intervenors People United for a Better Oakland, Denver Action for a Better 

Community, New York City Coalition to End Lead Poisoning, 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 having 

filed a motion seeking leave to intervene as of right on claims against federal defendants 

pursuant to Fed.R.Civ.P. 24(a)(2) or, in the alternative, for permissive intervention pursuant 

to Fed.R.Civ.P. 24(b)(2); the parties having responded; and the Court having considered the 

arguments, 

IT IS HEREBY ORDERED THAT leave is granted for plaintiff-intervenors to 

intervene as of right on claims against federal defendants upon the Court finding that the 

application to intervene is timely filed, plaintiff-intervenors have an interest in the subject of 

the action, the disposition of the main action may impair or impede proposed plaintiff- 

intervenors’ ability to protect their interests and plaintiff-intervenors’ interests are 

inadequately protected by the existing parties. In the alternative, leave for permissive 

intervention is granted on claims against federal defendants in the sound discretion of the 

Court upon the Court finding that the application to intervene is timely, plaintiffs’ claims and 

plaintiff-intervenors’ claims have a question of law or fact in common and intervention will 

not unduly delay or prejudice the adjudication of the rights of the original parties. 

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IT IS ALSO HEREBY ORDERED THAT plaintiff-intervenors’ complaint in 

  

intervention shall be filed forthwith. 

Dated: October , 1992 

  

Honorable Jerry L. Buchmeyer 
United States District Judge