JobsOhio v. EmKey Energy, LLC, et al.

Summary

The United States District Court for the Southern District of Ohio grants Hallan Invest, SA’s motion to intervene under Federal Rule of Civil Procedure 24(b) for the limited purpose of participating in post-judgment proceedings involving JobsOhio’s garnishment efforts against EmKey Energy, LLC and EmKey Gathering, LLC. The court denies Hallan’s request for intervention as of right under Rule 24(a)(2), finding that Hallan had not shown impairment of its interests absent intervention, and denies the defendants’ related motion concerning a garnishment hearing as moot.

Holdings

1. Hallan satisfied the timeliness, substantial legal interest, and inadequate-representation requirements, but failed to show that its interest might be impaired absent intervention; therefore, intervention as of right was denied.
2. Hallan was permitted to intervene for the limited purpose of participating in JobsOhio's post-judgment proceedings against EmKey Energy and EmKey Gathering.

Questions Presented

1. Whether Hallan Invest, SA was entitled to intervene as of right under Federal Rule of Civil Procedure 24(a)(2).
2. Whether Hallan should be permitted to intervene under Federal Rule of Civil Procedure 24(b) in post-judgment garnishment proceedings.
3. Whether the defendants' motion requesting a garnishment hearing, a continuance, and remote witness attendance remained live after Hallan was permitted to intervene and the scheduled hearing was vacated.

Disposition

other