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El Sereno Neighborhood Action Committee v. California Transportation Commission

Citation: 112 F. App'x 630Docket: No. 02-56320

Court: Court of Appeals for the Ninth Circuit; November 4, 2004; Federal Appellate Court

Narrative Opinion Summary

In this case, Alhambra and its residents contested the denial of their motions to intervene in a lawsuit that had been initiated in 1995. The primary legal issue revolved around the timeliness of their intervention, which the district court rejected as untimely since the motions were filed seven years post-initiation and four years after the Record of Decision by the U.S. Department of Transportation. The court found no abuse of discretion in denying intervention based on this delay. Alhambra's subsequent motion for reconsideration was also denied. The district judge's incorrect assumption of lacking jurisdiction to reconsider the intervention did not alter the outcome because Alhambra failed to present new evidence or justify the delay in doing so. Ultimately, the denial of the motions for intervention and reconsideration was affirmed. This decision, not intended for publication, limits its use as precedent within the circuit court.

Legal Issues Addressed

Failure to Present New Evidence for Reconsideration

Application: Alhambra did not sufficiently justify its inability to provide supporting evidence earlier, nor did it demonstrate that such evidence would have changed the court's decision.

Reasoning: Alhambra did not adequately justify its failure to present supporting evidence for reconsideration earlier in the process, nor did it demonstrate that this evidence would have altered the court’s initial ruling on intervention.

Jurisdiction on Motion for Reconsideration

Application: The district judge mistakenly believed she lacked jurisdiction to reconsider the intervention denial, but this error did not affect the outcome as Alhambra failed to provide new evidence.

Reasoning: Alhambra subsequently sought reconsideration of the intervention denial, but the district judge incorrectly concluded that she lacked jurisdiction to entertain this motion.

Timeliness of Intervention

Application: The court emphasized the importance of filing a motion to intervene in a timely manner, highlighting that Alhambra's motion was filed seven years after the lawsuit commenced, rendering it untimely.

Reasoning: The district court deemed the motions untimely, as they were filed seven years after the lawsuit's initiation in 1995 and four years after the U.S. Department of Transportation's Record of Decision in 1998, establishing timeliness as a critical threshold for intervention.