Nancy Anne Spangler, United States of Am., Plaintiff-Intervenor-Appellee v. Pasadena City Bd. of Educ., 552 F.2d 1326 (9th Cir. 1977). · Go Syfert
Nancy Anne Spangler, United States of Am., Plaintiff-Intervenor-Appellee v. Pasadena City Bd. of Educ., 552 F.2d 1326 (9th Cir. 1977). Cases Citing This Book View Copy Cite
202 citation events (135 in the last 25 years) across 43 distinct courts.
Strongest positive: Clear Blue Specialty Insurance Company v. OZY MEDIA, INC. (cand, 2023-11-03)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
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Citations from separate opinions of courts that could overrule this case, and citations using reconsideration language. This is a warning signal, not a treatment change. The flag color above is unaffected.
Reconsideration language Theresa Sweet v. Everglades College, Inc (2024)
“Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted).”
Reconsideration language Estate of Elliot (2023)
“In Spangler v. Pasadena City Bd. of Ed., ( 552 F.2d 1326, 1329 (9th Cir. 1977)), the 9th Circuit, citing cases from several circuits, held that in granting the permission, the court needed to examine several relevant factors such as: 1) "the nature and extent of the intervenors' interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its probable…”
Reconsideration language Carolyn Callahan v. Brookdale Senior Living Cmty. (2022)
“Id. (footnotes omitted); see also Donnelly, 159 F.3d at 412 (describing these Spangler factors as “nonexclusive”).”
Reconsideration language Carolyn Callahan v. Brookdale Senior Living Cmty. (2022)
“Id. (footnotes omitted); see also Donnelly, 159 F.3d at 412 (describing these Spangler factors as “nonexclusive”).”
Reconsideration language Kristin Perry v. Arnold Schwarzenegger (2011)
“Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted).”
Reconsideration language Kristin Perry v. Arnold Schwarzenegger (2011)
“Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted).”
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Clear Blue Specialty Insurance Company v. OZY MEDIA, INC.
N.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
where a party may 19 not intervene as a matter of right, the trial court may consider whether permissive intervention is 20 appropriate.
discussed Cited as authority (rule) Jane Doe v. Mountain View Hospital, LLC; Idaho Falls Community Hospital, LLC
D. Idaho · 2026 · confidence medium
“The court may also consider other factors in the exercise of its discretion, including ‘the nature and extent of the intervenors’ interest’ and ‘whether the intervenors’ interests are adequately represented by other parties.’” Perry, 587 F.3d at 955 (quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) Damon J. Baldone, LLC v. Starr Surplus Lines Insurance Company, ET AL.
E.D. La. · 2026 · confidence medium
Serv., 732 F.2d at 471 (quotations omitted). 44 Id. at 472 (quoting Spangler v. Pasadena City Bd. Of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977); U.S. Postal Serv. v. Brennan, 579 F.2d 188 , 191-92 (2d Cir. 1978)); see also Kneeland v. Nat’l Collegiate Athletic Ass’n, 806 F.2d 1285, 1289 (5th Cir. 1987). 45 See, e.g., Second Amend.
discussed Cited as authority (rule) Cook Inletkeeper v. U.S. Army Corps Of Engineers
D. Alaska · 2025 · confidence medium
Case No. 3:25-cv-00097-SLG, Cook Inletkeeper, et al. v. U.S. Army Corps of Engineers, et al. permissive intervention “requires (1) an independent ground for jurisdiction; (2) a timely motion; and (3) a common question of law and fact between the movant’s claim or defense and the main action.”11 However, the first requirement of an independent jurisdictional ground “does not apply to proposed intervenors in federal-question cases when the proposed intervenor is not raising new claims.”12 “If the trial court determines that the initial conditions for permissive intervention under rul…
discussed Cited as authority (rule) Alaska Forest Association v. U.S. Department of Agriculture (2×)
D. Alaska · 2025 · confidence medium
The Court also finds that certain 13 Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977). 14 Callahan v. Brookdale Senior Living Communities, Inc., 42 F.4th 1013, 1022 (9th Cir. 2022) (quoting Spangler, 552 F.2d at 1329 ). 15 Fed.
discussed Cited as authority (rule) Doe v. Mayes
D. Ariz. · 2025 · confidence medium
In evaluating the prospective intervenor’s asserted interest, the Court should 7 consider: 8 [T]he nature and extent of the intervenors’ interest, their 9 standing to raise relevant legal issues, the legal position they seek to advance, and its probable relation to the merits of the 10 case[,] whether changes have occurred in the litigation so that 11 intervention that was once denied should be reexamined, whether the intervenors’ interests are adequately represented 12 by other parties, whether intervention will prolong or unduly 13 delay the litigation, and whether parties seeking inte…
discussed Cited as authority (rule) National Union Fire Insurance Company of Pittsburgh, PA v. Triumvirate, LLC
D. Alaska · 2025 · confidence medium
The first requirement of an independent jurisdictional ground “does not apply to proposed intervenors in federal-question cases when the proposed intervenor is not raising new claims.” Id. at 844 . 3 Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977). 4 Callahan v. Brookdale Senior Living Cmtys., Inc., 42 F.4th 1013, 1022 (9th Cir. 2022) (citations omitted). 5 Fed.
cited Cited as authority (rule) Theresa Sweet v. Everglades College, Inc
9th Cir. · 2024 · confidence medium
Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted).
discussed Cited as authority (rule) Village of Dot Lake v. United States Army Corps of Engineers
D. Alaska · 2024 · confidence medium
BACKGROUND On July 1, 2024, the Tribe filed a complaint alleging that Federal Defendants violated the National Environmental Policy Act (“NEPA”), the Administrative Procedure Act (“APA”), the Alaska National Interest Lands Conservation Act (“ANILCA”), and their fiduciary obligations owed to the Tribe by failing to undertake adequate environmental review of the Manh Choh open pit gold mine (“the Project”) and failing to consult with the Tribe before issuing a Clean Water Act Section 404 permit for the Project.2 On August 20, 2024, Peak Gold moved to intervene in this action to d…
discussed Cited as authority (rule) Jurisich Oysters, LLC v. United States Army Corps of Engineers
E.D. La. · 2024 · confidence medium
Serv., 732 F.2d at 471 (quotations omitted). 34 Id. at 472 (quoting Spangler v. Pasadena City Bd. Of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977); U.S. Postal Serv. v. Brennan, 579 F.2d 188 , 191-92 (2d Cir. 1978)); see also Kneeland, 806 F.2d at 1289. 35 See, e.g., Second Amend.
discussed Cited as authority (rule) Northern Dynasty Minerals LTD. v. United States Environmental Protection Agency
D. Alaska · 2024 · confidence medium
P. 24(b)(1)(B). 11 Freedom from Religion Found., Inc. v. Geithner, 644 F.3d 836, 843 (9th Cir. 2011) (citations jurisdictional ground “does not apply to proposed intervenors in federal-question cases when the proposed intervenor is not raising new claims.”12 “If the trial court determines that the initial conditions for permissive intervention under rule . . . 24(b)(2) are met, it is then entitled to consider other factors in making its discretionary decision on the issue of permissive intervention.”13 Relevant additional factors include: the nature and extent of the intervenors’ int…
discussed Cited as authority (rule) Mussi v. Fontes
D. Ariz. · 2024 · confidence medium
When 4 determining whether to grant permissive intervention, courts look to: 5 [T]he nature and extent of the intervenors’ interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its probable 6 relation to the merits of the case, . . . whether the intervenors’ interests are 7 adequately represented by other parties, whether intervention will prolong or unduly delay the litigation, and whether parties seeking intervention will 8 significantly contribute to full development of the underlying factual issues 9 in the suit and to the just and equita…
discussed Cited as authority (rule) The Personal Care Products Council v. Bonta (2×) also: Cited "see"
E.D. Cal. · 2024 · confidence medium
“If the trial court determines that the initial conditions for 23 permissive intervention under [R]ule 24(b)(1) or 24(b)(2) are met, it is then entitled to consider 24 other factors in making its discretionary decision on the issue of permissive intervention.” 25 Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Ambler v. Flathead Conservation District
D. Mont. · 2024 · confidence medium
Additional Factors Where, a here, the requirements for permissive intervention under Rule 24(b) are met, the court may “consider other factors in making its discretionary decision on the issue of permissive intervention.” Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Pizzuto v. Tewalt
D. Idaho · 2024 · confidence medium
Proponents, 587 F.3d 947, 955 (9th Cir. 2009) (quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)); see also Gensler, supra (“A finding that allowing intervention will greatly expand the scope of discovery and prolong and complicate the lawsuit may lead the court to deny the motion.”). 3.
discussed Cited as authority (rule) Texas Insurance Company v. Ares Insurance Managers LLC
W.D. Wash. · 2023 · confidence medium
P. 24(b)(3). 4 The Court may consider factors including: “the nature and extent of the intervenors’ 5 interest, . . . and whether parties seeking intervention will significantly contribute to full 6 development of the underlying factual issues in the suit and to the just and equitable adjudication 7 of the legal questions presented.” Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th 8 Cir. 1977); Yim v. City of Seattle, No. CV18-0736-BJR, 2018 WL 4027084 , at *2 (W.D.
discussed Cited as authority (rule) David Lazerson v. Caliber Home Loans, Inc.
N.D. Cal. · 2023 · confidence medium
Cal. Oct. 6, 2016) (citing Spangler v. Pasadena City 16 Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977)). 17 In exercising its discretion, the court must consider whether the intervention would 18 prejudice the parties or delay the litigation, or whether the intervenor would contribute to the 19 development of the facts and the equitable adjudication of the legal questions, are important 20 considerations.
discussed Cited as authority (rule) Doe v. Horne
D. Ariz. · 2023 · confidence medium
The court may also consider whether changes have 13 occurred in the litigation so that intervention that was once denied should be reexamined, whether the intervenors' 14 interests are adequately represented by other parties, whether intervention will prolong or unduly delay the litigation, and 15 whether parties seeking intervention will significantly contribute to full development of the underlying factual issues 16 in the suit and to the just and equitable adjudication of the legal questions presented. 17 18 Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Estate of Elliot
Mont. · 2023 · confidence medium
In Spangler v. Pasadena City Bd. of Ed., ( 552 F.2d 1326, 1329 (9th Cir. 1977)), the 9th Circuit, citing cases from several circuits, held that in granting the permission, the court needed to examine several relevant factors such as: 1) "the nature and extent of the intervenors' interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its probable relation to the merits of the case. "; 2) "whether changes have occurred in the litigation so that intervention that was once denied should be reexamined"; 3) "whether the intervenors' interests are adequa…
examined Cited as authority (rule) Hawaii Legal Short-Term Rental Alliance v. City and County of Honolulu (3×) also: Cited "see"
D. Haw. · 2022 · confidence medium
Id.; Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Nunn v. United States Liability Insurance Company
S.D. Cal. · 2022 · confidence medium
Proponents, 587 F.3d 947, 955 (9th Cir. 2009) (quoting Spangler v. 12 Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)) (explaining how even 13 “[w]here a putative intervenor has met the[] [necessary] requirements, the court may also 14 consider other factors in the exercise of its discretion, including ‘the nature and extent of 15 the intervenors’ interest’ and ‘whether the intervenors’ interests are adequately represented 16 by other parties.”); Consumer Fin.
discussed Cited as authority (rule) Sullivan v. Ferguson (2×) also: Cited "see"
W.D. Wash. · 2022 · confidence medium
Spangler 4 v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Federal Trade Commission v. Triangle Media Corporation
S.D. Cal. · 2022 · confidence medium
As part 13 of its discretion, the Court may also consider “whether intervention will prolong or 14 unduly delay the litigation” and “whether parties seeking intervention will 15 significantly contribute to the full development of the underlying factual issues in 16 the suit and to the just and equitable adjudication of the legal questions 17 presented.” Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th 18 Cir. 1977). 19 The Court applies the same timeliness analysis as the one used in 20 considering whether intervention as of right is warranted.
discussed Cited as authority (rule) Maverick Gaming LLC v. United States of America
W.D. Wash. · 2022 · confidence medium
Proponents, 587 F.3d 947 , 17 955 (9th Cir. 2009) (quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th 18 Cir. 1977)). 19 As discussed, Plaintiff fails to show intervention will cause undue prejudice or delay.
cited Cited as authority (rule) Wyatt B. v. Kotek
D. Or. · 2022 · confidence medium
Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Arizona Alliance for Retired Americans v. Fontes
D. Ariz. · 2022 · confidence medium
There are several relevant factors courts may consider when 1 deciding to grant or deny permissive intervention, including the nature and extent of the 2 intervenors’ interest, the legal position they seek to advance, and “whether parties seeking 3 intervention will significantly contribute to full development of the underlying factual 4 issues in the suit and to the just and equitable adjudication of the legal questions presented.” 5 Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977). 6 As stated above, YCRC’s motion is timely.
discussed Cited as authority (rule) Cao v. Landco H&L Inc.
E.D.N.Y · 2022 · confidence medium
Sys., Inc., 797 F.2d 85 , 89 (2d Cir. 1986) (Courts consider “whether parties seeking intervention will significantly contribute to full development of the underlying factual issues in the suit.”) (quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) United States v. State of Idaho
D. Idaho · 2022 · confidence medium
“These relevant factors include the nature and extent of the intervenors’ interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its probable relation to the merits of the case.” Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Carolyn Callahan v. Brookdale Senior Living Cmty.
9th Cir. · 2022 · confidence medium
“If the trial court determines that the initial conditions for permissive intervention under rule 24(b)(1) or 24(b)(2) are met, it is then entitled to consider other factors in making its discretionary decision on the issue of permissive intervention.” Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
cited Cited as authority (rule) Stebbins v. Polano
N.D. Cal. · 2022 · confidence medium
Cal. Oct. 6, 2016) (citing Spangler v. Pasadena City 9 Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977)).
cited Cited as authority (rule) Carolyn Callahan v. Brookdale Senior Living Cmty.
9th Cir. · 2022 · confidence medium
BROOKDALE SENIOR LIVING CMTIES. 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Soto Palmer v. Hobbs
W.D. Wash. · 2022 · confidence medium
The court may also consider whether changes have occurred in the litigation so that intervention that was once 8 denied should be reexamined, whether the intervenors’ interests are adequately 9 represented by other parties, whether intervention will prolong or unduly delay the litigation, and whether parties seeking intervention will significantly contribute to 10 full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented. 11 Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977) (internal footn…
cited Cited as authority (rule) Citizens Allied for Integrity and Accountability, Inc. v. Miller
D. Idaho · 2022 · confidence medium
Snake River’s argument is reasonable and as such Snake River has met its burden. v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (cleaned up).
discussed Cited as authority (rule) U.S. Bank National Association v. Triaxx Asset Management LLC
S.D.N.Y. · 2021 · confidence medium
Other factors include "'the nature and extent of the intervenors' interests,' whether their interests are 'adequately represented by the other parties,' and 'whether parties seeking intervention will significantly contribute to full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented.'" U. S. Postal Serv. v. Brennan, 579 F.2d 188 , 191-92 (2d Cir. 1978) (quoting Spangler v. Pasadena City Board of Education, 552 F.2d 1326, 1329 (9th Cir. 1977)).
cited Cited as authority (rule) B. P. J. v. West Virginia State Board of Education
S.D.W. Va · 2021 · confidence medium
Jan 13, 2017) (quoting , 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) Isaacson v. Mayes
D. Ariz. · 2021 · confidence medium
The Court’s “discretion in this regard is broad,” and may 5 be guided by factors such as: 6 the nature and extent of the intervenors’ interest, their standing to raise relevant legal issues, the legal position they seek to 7 advance, and its probable relation to the merits of the case, . . . whether changes have occurred in the litigation so that 8 intervention that was once denied should be reexamined, whether the intervenors’ interests are adequately represented 9 by other parties, whether intervention will prolong or unduly delay the litigation, and whether parties seeking interve…
cited Cited as authority (rule) Hunter v. U.S. Department of Education
D. Or. · 2021 · confidence medium
Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977) (footnotes omitted).
discussed Cited as authority (rule) San Francisco Baykeeper v. United States Fish And Wildlife Service
N.D. Cal. · 2021 · confidence medium
The Court may also consider “whether parties seeking 9 intervention will significantly contribute to full development of the underlying factual issues in the 10 suit and to the just and equitable adjudication of the legal questions presented.” Spangler v. 11 Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977) (citing Hines v. Rapides Parish 12 Sch.
cited Cited as authority (rule) Newkirk v. Pierre
E.D.N.Y · 2021 · confidence medium
Hayden Co., 797 F.2d at 89 (quoting Spangler v. Pasadena City Board of Education, 552 F.2d 1326, 1329 (9th Cir.1977)).
cited Cited as authority (rule) Alaska Railroad Corporation v. Flying Crown Subdivision Addition No. 1 and Addition No. 2 Property Owners Association
D. Alaska · 2021 · confidence medium
P. 24(b)(1)(A). 20 Perry v. Proposition 8 Official Proponents, 587 F.3d 947, 955 (9th Cir. 2009) (citing Spangler v. Pasadena City Bd. Of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)). 21 Fed.
discussed Cited as authority (rule) Thompson v. Wolverine Services, LLC
N.D. Cal. · 2021 · confidence medium
Where litigants timely 7 intervene, courts consider several factors in deciding whether to permit intervention, including: 8 the nature and extent of the intervenors' interest, their standing to raise relevant legal issues, the legal position they seek to advance, and its 9 probable relation to the merits of the case[,] whether changes have occurred in the litigation so that intervention that was once denied 10 should be reexamined, whether the intervenors' interests are adequately represented by other parties, whether intervention will 11 prolong or unduly delay the litigation, and whether pa…
discussed Cited as authority (rule) Brown Investment Advisory & Trust Company v. Allen (2×) also: Cited "see"
D. Maryland · 2020 · confidence medium
Spangler v. Pasadena City Bd. of Ed., 552 F.2d 1326, 1329 (9th Cir. 1977).
cited Cited as authority (rule) Apartment Association of Los Angeles County, Inc. v. City of Los Angeles
C.D. Cal. · 2020 · confidence medium
Spangler v. Pasadena City Bd. of 19 Ed., 552 F.2d 1326, 1329 (9th Cir. 1977).
discussed Cited as authority (rule) Los Angeles Smsa Partnership v. Reynier Village Association
9th Cir. · 2020 · confidence medium
Arakaki, 324 F.3d at 1086 . 4 Procedure 24(b) requirements for permissive intervention, a court “may also consider other factors in the exercise of its discretion, including ‘the nature and extent of the intervenors’ interest’ and ‘whether the intervenors’ interests are adequately represented by other parties.’” Perry, 587 F.3d at 955 (quoting Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) Arizonans for Fair Elections v. Hobbs
D. Ariz. · 2020 · confidence medium
Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977). 10 In light of these considerations, the Court declines to grant permissive intervention. 11 Proposed Intervenors’ interests align with the State’s, and the Court doesn’t see how 12 Proposed Intervenors can more adequately defend state laws than the State itself.
discussed Cited as authority (rule) (PC) Coleman v. Newsom
E.D. Cal. · 2020 · confidence medium
In particular, the Court concludes that 11 proposed intervenors’ interests will be adequately represented by Plaintiffs’ counsel, and the 12 involvement of additional counsel will not “significantly contribute to full development of the 13 underlying factual issues in the suit and to the just and equitable adjudication of the legal 14 questions presented.” Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977). 15 IT IS SO ORDERED.4 16 Dated: April 1, 2020 On behalf of the Court: 17 _______________________________________ 18 JON S. TIGAR 19 UNITED STATES DISTRICT JUDGE …
discussed Cited as authority (rule) Plata v. Newsom
N.D. Cal. · 2020 · confidence medium
In particular, the Court concludes that 11 proposed intervenors’ interests will be adequately represented by Plaintiffs’ counsel, and the 12 involvement of additional counsel will not “significantly contribute to full development of the 13 underlying factual issues in the suit and to the just and equitable adjudication of the legal 14 questions presented.” Spangler v. Pasadena Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977). 15 IT IS SO ORDERED.4 16 Dated: April 1, 2020 On behalf of the Court: 17 _______________________________________ 18 JON S. TIGAR 19 UNITED STATES DISTRICT JUDGE …
discussed Cited as authority (rule) E&B Natural Resources Management Corporation v. County of Alameda
N.D. Cal. · 2019 · confidence medium
Exercise of Discretion 4 The Court maintains discretion to grant or deny the motion to intervene and thereby may 5 “consider other factors . . . including ‘the nature and extent of the intervenor[’s] interest’ and 6 ‘whether the intervenor[’s] interests are adequately represented by other parties.’” Perry, 587 F.3d 7 at 955 (citing Spangler v. Pasadena City Bd. Of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) CA Dept. of Toxic Substances Control v. Jim Dobbas, Inc.
E.D. Cal. · 2019 · confidence medium
(Zuckerman Decl. at 2.) 1 Courts may consider the “nature and extent of the intervenors’ 2 interest” and “whether intervention will prolong or unduly delay 3 the litigation.” Id. at 905 (citing Spangler v. Pasadena Bd. of 4 Educ., 552 F.2d 1326, 1329 (9th Cir. 1977)).
discussed Cited as authority (rule) Huntsman Advanced Materials LLC v. OneBeacon America Insurance Company
D. Idaho · 2019 · confidence medium
In addition, the court can examine “the nature and extent of the intervenors’ interest,” and “whether the intervenors’ interests are adequately represented by other parties.” Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir. 1977).
Retrieving the full opinion text from the archive…
Nancy Anne SPANGLER Et Al., Plaintiff-Appellee, United States of America, Plaintiff-Intervenor-Appellee,
v.
PASADENA CITY BOARD OF EDUCATION Et Al., Defendants-Appellants
75-3300.
Court of Appeals for the Ninth Circuit.
May 3, 1977.
552 F.2d 1326
Lee G. Paul and Peter D. Collisson, argued, Paul, Hastings & Janofsky, Los Angeles, Cal., for defendants-appellants., Fred Okrand, ACLU Foundation of So. Cal., argued, Gary M. Paul, Atty., James Stotter, II, Asst. U. S. Atty., Los Angeles, Cal., Samuel J. Flanagan and Neal Tonkin, Attys., Civil Rights Div., U. S. Dept, of Justice, Washington, D. C., for plaintiff-appellee and U. S.
Goodwin, Kennedy, Anderson.
Cited by 148 opinions  |  Published
KENNEDY, Circuit Judge:

In 1970 the district court ordered the Pasadena Unified School District to implement a district-wide plan to remedy the effects of past racial discrimination in its schools. The plan was called the “Pasadena Plan.” The history of the litigation is set forth in the margin. [1]

[*1328] In 1973 the Pasadena School District decided to operate, on an experimental basis, elementary schools called “fundamental schools.” The curriculum in fundamental schools is designed to stress basic skills in reading, written expression, and mathematics. Conversion to fundamental schools was to begin at the kindergarten level. Children could elect to apply for admission to the fundamental schools, rather than to attend the regular curriculum schools in the district. In 1973 the first school started to convert to a fundamental curriculum by introducing the new program at the kindergarten level. It was in a white neighborhood. In 1975 a fundamental curriculum was instituted at Audubon School, which is located in a black neighborhood.

In August 1975 eight persons who had not previously been parties to any of the Pasadena school cases appeared in the original suit. They filed an affidavit stating that they were parents of children adversely affected by operation of Audubon as a fundamental school. They claimed that their children would have attended Audubon as a regular curriculum neighborhood school had it not been converted to a fundamental school. Their attorneys, without filing a motion to intervene, asked the court to find that operation of Audubon as a fundamental school violated the Pasadena Plan and to order appropriate relief. The district court held evidentiary hearings and made extensive findings. [2] Thereafter, it ordered the school district to cease operating Audubon as a fundamental school and enjoined the formation of other fundamental schools except on fulfillment of stated conditions designed to insure compliance with the Pasadena Plan. The court awarded attorneys’ fees and costs in the total amount of $10,224.20 to the attorneys for the eight parents. The school district appeals.

The eight parents who initiated the proceedings that resulted in the order at issue here neither were joined as parties to this suit under Fed.R.Civ.P. 21, nor did they move to intervene under Fed.R.Civ.P. 24. The parties who had originally instituted the Spangler litigation did not take part in the proceedings below; they have either graduated or for other reasons are not now attending the district schools. Therefore, had the United States not intervened at an earlier stage, the case would be moot. Pasadena City Board of Education v. Spangler, 427 U.S. 424, 430-31, 96 S.Ct. 2697, 49 L.Ed.2d 599 (1976).

On appeal the parents who initiated the proceedings below urge us to order their joinder under Fed.R.Civ.P. 21. Even at the appellate level, similar relief has sometimes been granted where the parties seeking joinder requested the same remedy as the original parties and offered all the same reasons for relief, and where their earlier joinder would not have affected the course of the litigation. Rogers v. Paul, 382 U.S. 198, 199, 86 S.Ct. 358, 15 L.Ed.2d 265 (1965); Mullaney v. Anderson, 342 U.S. 415, 417, 72 S.Ct. 428, 96 L.Ed. 458 (1951); Anglo Canadian Shipping Co. v. United States, 238 F.2d 18, 19 (9th Cir. 1956). But the circumstances in this case are different. Here, the United States, currently the only proper plaintiff in this action, takes a position that is adverse to the moving parents on some of the substantive issues presented in the instant proceedings. Moreover, the considerations pertinent to deciding the issues in these proceedings are not necessarily the same as those raised in the original suit. Finally, it is as yet unclear whether the district court should have continued to exercise ongoing jurisdiction over the original action. Pasadena City Board of Education v. Spangler, 427 U.S. at 434, 96 S.Ct. 2697; Spangler v. Pasadena City Bd. of Education, No. 74-2116, 549 F.2d 733 (9th Cir. 1977). Under these circumstances, we decline to direct joinder of these parents in this court.

Furthermore, intervention, not joinder pursuant to Fed.R.Civ.P. 21, is the ap[*1329] propriate procedure for these parties, who sought, on their own initiative, to enter the suit. “[T]he proper course for parental groups seeking to question current deficiencies in the implementation of desegregation orders is for the group to petition the district court to allow it to intervene in the prior action.” Hines v. Rapides Parish School Board, 479 F.2d 762, 765 (5th Cir. 1973). If leave to intervene is granted, there should be a determination on the record that the motion has been granted either as a matter of right, Fed.R.Civ.P. 24(a), or by permission of the court, Fed.R.Civ.P. 24(b).

The eight parties seeking relief in this case in effect sought recognition as intervenors. They therefore were required to file a motion to intervene pursuant to Fed.R.Civ.P. 24(c). They did not do so. The lower court made no determination of their status as intervenors. If a court has for some reason permitted persons who are not parties to a suit to participate in some stage of the proceedings, this will rarely, if ever, suffice to eliminate the necessity of formal intervention for these persons to become parties in their own right. Thus, it was error for the court to conduct proceedings at the moving parents’ request and to grant relief in their favor.

On remand, the district court may determine that the parents should be allowed to intervene in the action. At an earlier stage of this litigation we affirmed the district court’s determination that a group of parents could not intervene in the suit as a matter of right. Spangler v. Pasadena City Board of Education, 427 F.2d 1352 (9th Cir. 1970). In other actions involving school desegregation, however, we have allowed intervention by parents as a matter of right where the issues that emerge during the litigation are such that intervention is warranted. Johnson v. San Francisco Unified School District, 500 F.2d 349 (9th Cir. 1974). It may be that in light of the issues now presented in this case, intervention as a matter of right should be granted. On this record, however, there is no basis for us so to determine, nor was the issue addressed in the first ■ instance by the district court.

Where a party may not intervene as a matter of right, the trial court may consider whether permissive intervention is appropriate. Although a district court’s discretion in this regard is broad, it is nevertheless subject to review on appeal. United States v. Board of School Commissioners, 466 F.2d 573, 576 (7th Cir. 1972). If the trial court determines that the initial conditions for permissive intervention under rule 24(b)(1) or 24(b)(2) are met, it is then entitled to consider other factors in making its discretionary decision on the issue of permissive intervention. These relevant factors include the nature and extent of the intervenors’ interest, their standing to raise relevant legal issues, [3] the legal position they seek to advance, and its probable relation to the merits of the case. [4] The court may also consider whether changes have occurred in the litigation so that intervention that was once denied should be reexamined, [5] whether the intervenors’ interests are adequately represented by other parties, whether intervention will prolong or unduly delay the litigation, [6] and whether parties seeking intervention will significantly contribute to full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented. [7] No such determinations or rulings were made in the present ease.

The Supreme Court, on a review of this case arising from an earlier decree of the district court, made it clear that the identi[*1330] ty of the parties to the suit is critical to a determination whether the suit is moot as to those parties. Pasadena City Board of Education v. Spangler, 427 U.S. at 430, 96 S.Ct. 2697. We cannot in the present posture of this case appropriately determine whether these individual parents should be permitted to intervene in the action where they have declined to move for intervention, thus thwarting full consideration of the many factors that bear upon the decision to admit them as plaintiffs to the suit. Further, the Supreme Court held that the action may not be considered a class action since it was never certified as such. Id. We therefore may not cure the substantial defect in these proceedings by finding that the parents before us are class members.

We hold that the parents-appellees were not proper parties in the proceedings below. We reverse the order awarding attorneys’ fees and vacate all other portions of the district court’s judgment that is the subject of this appeal. In view of our determination that the parents in this proceeding were not properly before us, we do not reach appellants’ argument that the district judge should have recused himself from further participation in the case, and we express no views on the issue.

By order of this court in appeal No. 2116, the district court is required to make current findings of fact and to issue a superseding judgment or decree. In these further proceedings the district court may have before it motions to intervene by persons seeking a ruling that the operation of Audubon and other fundamental schools, under present attendance patterns, affects desegregation of the Pasadena schools in a legally significant way. The propriety of considering such motions and of granting the requested relief, as well as the threshold question whether the district court should terminate its jurisdiction over the Pasadena School District, are matters for the trial court to determine in the first instance. We express no views thereon.

REVERSED in part, VACATED in part, and REMANDED to the district court for further proceedings consistent with the views here stated. The mandate herein shall issue forthwith.

1

. The underlying suit was filed on August 28, 1968 as a private action for injunctive relief from alleged unconstitutional segregation in the district’s high schools. In 1969, this court reversed an order of the district court granting the school board’s motion to strike allegations in the Government’s complaint in intervention concerning elementary, junior high, and special schools and remanded the case to the district court with instructions to reinstate the stricken allegations. Spangler v. United States, 415 F.2d 1242 (9th Cir. 1969).

In 1970, following trial, the district court entered a judgment holding that the school system was segregated as a result of the intentional acts and omissions of the defendants. The Pasadena School District was ordered to undertake extensive measures to desegregate its schools. Spangler v. Pasadena City Bd. of Educ., 311 F.Supp. 501 (C.D.Cal.1970). That order was not appealed. The district court subsequently denied a motion filed by parents who sought intervention to appeal the decision. We affirmed the ruling denying intervention. Spangler v. Pasadena City Bd. of Educ., 427 F.2d 1352 (9th Cir. 1970).

In 1974, the school board requested that the district court dissolve its injunction and terminate its continuing jurisdiction or, in the alternative, that it permit modification of the Pasadena Plan. The district court declined to grant the requested relief. Spangler v. Pasadena City Bd. of Educ., 375 F.Supp. 1304 (C.D.Cal.1974). By a divided opinion, we affirmed the decree. Spangler v. Pasadena City Bd. of Educ., 519 F.2d 430 (9th Cir. 1975). The Supreme Court reversed. Pasadena City Bd. of Educ. v. Spangler, 427 U.S. 424, 96 S.Ct. 2697, 49 L.Ed.2d 599 (1976). After a remand to this court, we ordered a further remand of the case to the district court. Spangler v. Pasadena City Bd. of Educ., No. 74-2116, 549 F.2d 733, (9th Cir. 1977).

The school board was held in contempt by the district court for failing to comply with hiring procedures set forth in the Pasadena Plan, and the court ordered certain remedial measures to be taken. Spangler v. Pasadena City Bd. of Educ., 384 F.Supp. 846 (C.D.Cal.1974). On appeal we held, by a divided opinion, that the civil contempt action was moot and that certain portions of the district court’s order were to be reversed. Spangler v. Pasadena City Bd. of Educ., 537 F.2d 1031 (9th Cir. 1976).

The instant proceedings commenced in the district court in August 1975. The district court filed its opinion on September 30, 1975. The opinion has not been reported.

2

. The United States did not seek the relief requested below or participate actively in the district court proceedings. On appeal the Government filed briefs stating its position and participated in the oral argument.

3

. See Smuck v. Hobson, 132 U.S.App.D.C. 372, 408 F.2d 175 (1969) (intervention as of right).

4

. Hatton v. County Bd. of Educ., 422 F.2d 457, 461 (6th Cir. 1970); Fuller v. Volk, 351 F.2d 323, 329 (3d Cir. 1965).

5

. United States v. Bd. of School Comm’rs, 466 F.2d 573, 576 (7th Cir. 1972). See Johnson v. San Francisco Unified School District, 500 F.2d 349, 354 (9th Cir. 1974) (intervention as of right).

7

. See Hines v. Rapides Parish School Bd., 479 F.2d 762, 765 (5th Cir. 1973).