Free Motion to Intervene - District Court of Colorado - Colorado

Case 1:01-cv-01451-REB-KLM

Document 977-3

Filed 04/12/2006

Page 1 of 2

MEMORANDUM IN SUPPORT
Objectors have entered an appearance in this action objecting, inter alia, to the amount of the Attorneys fees and reimbursement of expenses that have been requested by Class Counsel. In this way, Objectors have taken a position contrary to that espoused by Lead Plaintiffs who have supported the Fee Request. Since Objectors seek to reduce the fees of Class Counsel, it is obvious that there is a conflict between Objectors' position and that of Class Counsel. Therefore, neither Class Counsel nor Lead Plaintiffs adequately represent Objectors' interest in the subject matter of this litigation, namely the size of the Net Settlement Fund. Intervention by Objectors is sought under Rule 24 (a)(2) and Rule 24(b)(2) because the interests of Objectors and those of Lead Plaintiff and Class Counsel are not congruent in all matters. Furthermore, Objectors wish to preserve their rights in the event of an appeal. In Elliott Indus. Ltd. Partnership v. BP America Production Co., 407 F. 3d 1091, (2005) the Tenth Circuit said that an applicant may intervene as a matter of right pursuant to Rule 24 (a) if (1) the application is timely, (2) the applicant claims an interest relating to the property of transaction which is the subject of the action, (3) the applicant's interest may be impaired or impeded, and (4) the applicant's interest is not adequately represented by existing parties." Id at 1103. It is obvious that Objectors meet all four of these criteria and therefore have the right to intervene. Objectors hereby incorporate by reference the arguments set forth in the Motion for Intervention filed by Objectors Graham, Floyd, Hull and the Association of U S West Retirees filed on or about March 23, appearing at Docket Number 961.

Case 1:01-cv-01451-REB-KLM

Document 977-3

Filed 04/12/2006

Page 2 of 2

Furthermore, Objectors move this Court to enter an order granting them intervention for purposes of participating in any future discovery allowed by this Court in this matter. Respectfully Submitted, _/s/ Edward F. Siegel______ Edward F. Siegel _/s/ Michael Gross_____________ Michael Gross