16 Fair empl.prac.cas. 1089, 16 Empl. Prac. Dec. P 8164 Maria Alaniz v. Tillie Lewis Foods, Robert Beaver, Applicant-Intervenors, 572 F.2d 657 (9th Cir. 1978). · Go Syfert
16 Fair empl.prac.cas. 1089, 16 Empl. Prac. Dec. P 8164 Maria Alaniz v. Tillie Lewis Foods, Robert Beaver, Applicant-Intervenors, 572 F.2d 657 (9th Cir. 1978). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 3 distinct cases, last quoted 2006 · 3 courts · …intervention after entry of a consent decree is reserved for exceptional cases. at p. 659
114 citation events (36 in the last 25 years) across 34 distinct courts.
Strongest positive: Washington State Alliance for Retired Americans v. Hobbs (wawd, 2024-10-11)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Washington State Alliance for Retired Americans v. Hobbs (2×) also: Cited as authority (rule)
W.D. Wash. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
since the motion was filed after the consent decree 11 was approved, the first factor weighs heavily against appellants . . . to countermand it now would 12 create havoc and postpone the needed relief.
examined Cited as authority (verbatim quote) Western Watersheds Project v. Zinke
D. Idaho · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the crux of appellants' argument is that they did not know the settlement decree would be to their detriment. but surely they knew the risks. to protect their interests, appellants should have joined the negotiations before the suit was settled.
examined Cited as authority (verbatim quote) Western Watersheds Project v. Zinke
D. Idaho · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the crux of appellants' argument is that they did not know the settlement decree would be to their detriment. but surely they knew the risks. to protect their interests, appellants should have joined the negotiations before the suit was settled.
discussed Cited as authority (verbatim quote) Roberts v. Heim (2×) also: Cited as authority (rule)
9th Cir. · 1992 · signal: see also · quote attribution · 1 verbatim quote · confidence high
thus, to prevail appellants must convincingly explain their delay.
discussed Cited as authority (rule) Sevag Chalian v. Cvs Pharmacy, Inc
9th Cir. · 2025 · confidence medium
See United States v. Alisal Water Corp., 370 F.3d 915, 922 (9th Cir. 2004) (denying intervention after the case was litigated for four years and proposed intervenor was “keenly aware of the litigation”); Orange Cnty., 799 F.2d at 538 (denying a motion to intervene after a settlement was reached following five years of litigation and well-publicized negotiations that put the applicant on notice that its interests might be impacted); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 658 (9th Cir. 1978) (denying a motion to intervene two and a half years after suit was filed and seventeen days afte…
cited Cited as authority (rule) Clear Blue Specialty Insurance Company v. OZY MEDIA, INC.
N.D. Cal. · 2023 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 10 1978). 11 Watson argues he will be prejudiced by any delay caused by intervention.
discussed Cited as authority (rule) Estate of Maurice Monk v. County
N.D. Cal. · 2023 · confidence medium
State of Oregon, 745 F.2d at 552 . 6 “[C]ourts have emphasized the seriousness of the prejudice which results when relief from long- 7 standing inequities is delayed.” Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978). 8 Intervention has been denied at pretrial stages when “a lot of water has passed under the litigation 9 bridge.” Alisal Water Corp., 370 F.3d at 922 (simplified).
discussed Cited as authority (rule) Starks v. Vortex Industries
Cal. Ct. App. · 2020 · confidence medium
(See Ziani Homeowners Assn. v. Brookfield Ziani LLC (2015) 243 Cal.App.4th 274 , 280–281 (Ziani).) 15 (County of Orange); Alaniz v. Tillie Lewis Foods (9th Cir. 1978) 572 F.2d 657, 659 (Alaniz).) As one court explained, “[o]nce settlement efforts are completed and embodied in a final judgment, the parties expect to be able to tailor their future actions and decisions in reliance on that judgment.
discussed Cited as authority (rule) Lindblom v. Santander Consumer USA Inc.
E.D. Cal. · 2019 · confidence medium
Instead, their 24 argument essentially appears to be that this was when they “realized that the end result of the 25 protracted litigation would not be entirely to [their] liking.” Orange County, 799 F.2d at 538. 26 Where proposed intervenors have made similar arguments, the Ninth Circuit has responded that 27 “surely, they should have known the risks of waiting.” Id. (citing Alaniz v. Tillie Lewis Foods, 28 572 F.2d 657, 658 (9th Cir. 1978). 1 Here, counsel for Plaintiffs April and Timothy Lindblom and the Intervenors was aware 2 that Defendant was asserting the statute of limitations…
discussed Cited as authority (rule) Gemcap Lending I, LLC v. Donna Taylor (2×) also: Cited "see"
9th Cir. · 2017 · signal: cf. · confidence medium
Cf. Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. *353 1978) (per curiam) (“The crux of appellants’ argument is that they did not know the settlement decree would be to their detriment.
discussed Cited as authority (rule) Minor I Doe v. School Board for Santa Rosa County
N.D. Fla. · 2010 · confidence medium
Valley Citizens’ Council for Clean Air v. Commonwealth of Pennsylvania, 674 F.2d 970, 974 (3d Cir. 1982) (stating that absent “extraordinary circumstances,” there is a presumption to deny intervention after entry of a decree); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (“Intervention after entry of a consent decree is reserved for exceptional cases.”), cert, denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) Kukui Gardens Corp. v. Holco Capital Group, Inc.
D. Haw. · 2009 · confidence medium
“In evaluating prejudice, courts are concerned when ‘relief from long-standing inequities is delayed.’ ” United States v. Alisal Water Corp., 370 F.3d 915 , 922 (9th Cir.2004) (quoting Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978)).
cited Cited as authority (rule) Bouman v. Pitchess
9th Cir. · 2006 · confidence medium
A Considering the first factor, we note that “intervention after entry of a consent decree is reserved for exceptional cases.” Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978).
discussed Cited as authority (rule) United States v. Alisal Water Corporation Toro Water Service Inc. Robert T. Adcock Patricia Adcock North Monterey County Water Service, Inc. Mosslanding Water Service, Inc. Natholyn Adcock Bruce Pierson, as Trustee of the T & P Management Trust, the Patro Real Trust, the Dkw Property Trust, the Real Land Trust, the Nine Unit Trust, the Alameda Asset Trust, the Awc Holdings Trust, the Awc II Holdings Trust, the Awc III Holdings Trust, the Tws Holdings Trust, the Aws Holdings Trust David M. Simcho, as Trustee of the T & P Management Trust, the Patro Real Trust, the Dkw Property Trust, the Real Land Trust, the Williams 249 Trust, the Nine Unit Trust, the Alameda Asset Trust, the Awc Holdings Trust, the Awc II Holdings Trust, the Awc III Holdings Trust, the Tws Holdings Trust, the Aws Holdings Trust v. Silverwood Estates Development Limited Partnership, Plaintiff-Intervenor-Appellant (2×)
9th Cir. · 2004 · confidence medium
In particular, the court noted that intervention would inject new issues into the litigation that "at this late date would prejudice the parties." In evaluating prejudice, courts are concerned when "relief from long-standing inequities is delayed." Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978); Cal. Dep't. of Toxic Substances Control, 309 F.3d at 1119 (holding that granting a motion to intervene in a long-litigated environmental action would, among other things, "unnecessarily prolong the litigation, threaten the parties' settlement, and further delay cleanup and development o…
discussed Cited as authority (rule) United States v. Alisal Water Corp. (2×)
9th Cir. · 2004 · confidence medium
In particular, the court noted that intervention would inject new issues into the litigation that “at this late date would prejudice the parties.” In evaluating prejudice, courts are concerned when “relief from long-standing inequities is delayed.” Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978); Cal. Dep’t. of Toxic Substances Control, 309 F.3d at 1119 (holding that granting a motion to intervene in a long-litigated environmental action would, among other things, “unnecessarily prolong the litigation, threaten the parties’ settlement, and further delay cleanup and…
cited Cited as authority (rule) United States v. Carpenter
9th Cir. · 2002 · confidence medium
See Air Calif., 799 F.2d at 537; Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978).
cited Cited as authority (rule) United States v. Carpenter
9th Cir. · 2002 · confidence medium
See Air Calif., 799 F.2d at 537; Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978).
discussed Cited as authority (rule) State ex rel. Napolitano v. Brown & Williamson Tobacco Corp.
Ariz. · 2000 · confidence medium
See NAACP, 413 U.S. at 367 , 93 S.Ct. at 2604 (motion to intervene filed four days after judgment, and eighteen days after intervenor had actual knowledge that intervention was necessary, was properly denied as untimely); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978) (motion to intervene filed seventeen days after entry of consent decree was properly denied as untimely). ¶ 16 The Counties make no claim that the amount of the settlement was inadequate or unreasonable.
discussed Cited as authority (rule) Columbia Gorge Audubon Society v. Klickitat County
Wash. Ct. App. · 1999 · confidence medium
Mille Lacs Band, 989 F.2d at 998 (motion to intervene was timely even though filed nine months after deadline for filing motions to intervene; motion filed after judgment not necessarily untimely); United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984) (mere lapse of time is not determinative of timeliness); Stallworth v. Monsanto Co., 558 F.2d 257, 263 (5th Cir. 1977) (timeliness “is not a word of exactitude or of precisely measurable dimensions” but entirely a matter of discretion); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978) (motion after entry of consent decree …
discussed Cited as authority (rule) Empire Blue Cross & Blue Shield v. Janet Greeson's A Place For Us, Inc.
9th Cir. · 1995 · confidence medium
County of Orange v. Air California, 799 F.2d 535, 537 (9th Cir.1986), cert. denied, 480 U.S. 946 , 107 S.Ct. 1605 , 94 L.Ed.2d 791 (1987); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) Empire Blue Cross And Blue Shield v. Janet Greeson's A Place For Us, Inc.
9th Cir. · 1995 · confidence medium
County of Orange v. Air California, 799 F.2d 535, 537 (9th Cir.1986), cert. denied, 480 U.S. 946 , 107 S.Ct. 1605 , 94 L.Ed.2d 791 (1987); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) Latin American Law Enforcement Association John W. Hunter, Korean American Law Enforcement Association v. City of Los Angeles v. Lieutenant Richard J.M. Dyer Sergeant Daniel E. Pugel Sergeant Douglas S. Abney, Proposed Intervenors-Appellants (2×)
9th Cir. · 1994 · confidence medium
Post-judgment motions to intervene are "generally disfavored," Covington, 967 F.2d at 1395, and are "reserved for exceptional cases," Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 (1978).
discussed Cited as authority (rule) Jacobson v. Robert Speece Properties, Inc. (In Re Speece)
Bankr. E.D. Cal. · 1993 · confidence medium
Comm’n, 934 F.2d 1092 , 1095 (9th Cir.1991) (sixteen years after judgment); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978); 7 C.
discussed Cited as authority (rule) United States v. Covington Technologies Company
9th Cir. · 1992 · confidence medium
Cf. NAACP, 413 U.S. at 369 , 93 S.Ct. at 2604-05 (serious disruption); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (serious prejudice), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) United States ex rel. McGough v. Covington Technologies Co.
9th Cir. · 1992 · confidence medium
Cf. NAACP, 413 U.S. at 369 , 93 S.Ct. at 2604-05 (serious disruption); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (serious prejudice), cert, denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
cited Cited as authority (rule) Banco Popular De Puerto Rico v. David Greenblatt, the Official Secured Creditors' Committee of Amfesco Industries, Inc., Etc., Intervenor
1st Cir. · 1992 · confidence medium
Culbreath, 630 F.2d at 21 ; Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (per curiam), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
cited Cited as authority (rule) Bernardi v. Yeutter
9th Cir. · 1991 · confidence medium
See id. at 538; Petrol Stops Northwest, 647 F.2d at 1009-1010 ; Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 (1978).
discussed Cited as authority (rule) United States v. State Of Oregon (2×) also: Cited "see"
9th Cir. · 1990 · signal: cf. · confidence medium
Courts have held that if the parties made it "more difficult for the [intervenors] to acquire information about the suit early on" they may not "now be heard to complain that the [intervenors] should have known about it or appreciated its significance sooner." Stallworth, 558 F.2d at 267 ; cf. Alaniz, 572 F.2d at 659 (noting absence of fraud).
discussed Cited as authority (rule) United States v. Oregon (2×) also: Cited "see"
9th Cir. · 1990 · signal: cf. · confidence medium
Courts have held that if the parties made it “more difficult for the [intervenors] to acquire information about the suit early on” they may not “now be heard to complain that the [intervenors] should have known about it or appreciated its significance sooner.” Stallworth, 558 F.2d at 267 ; cf. Alaniz, 572 F.2d at 659 (noting absence of fraud).
discussed Cited as authority (rule) Guaranty Nat. Ins. Co. v. Pittman
Miss. · 1987 · confidence medium
This attitude is expressed in the Comment to Rule 24 which describes the rule as "represent[ing] a judgment that ... justice demands that the interest of the absentee [intervenor] should predominate over the interests of the absentee parties and of trial convenience." See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978); Fidelity Bankers Life Ins.
cited Cited as authority (rule) County Of Orange v. Air California
9th Cir. · 1986 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 658 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
cited Cited as authority (rule) County of Orange v. Air California
9th Cir. · 1986 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 658 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
discussed Cited as authority (rule) United States v. Oregon
9th Cir. · 1984 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert, denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978); see also Westlands Water Dist. v. United States, 700 F.2d 561 , 563 (9th Cir.1983) (factors of Rule 24(a) should be construed favorably to interve-nor); 7A C.
discussed Cited as authority (rule) United States v. State Of Oregon
9th Cir. · 1984 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978); see also Westlands Water Dist. v. United States, 700 F.2d 561 , 563 (9th Cir.1983) (factors of Rule 24(a) should be construed favorably to intervenor); 7A C.
discussed Cited as authority (rule) Beryl N. Jones v. Caddo Parish School Board v. June Phillips, Movant-Appellant (2×)
5th Cir. · 1984 · confidence medium
As stated in Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (per curiam), cert. denied sub nom., Beaver v. Alaniz, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978): 43 "Intervention after entry of a consent decree is reserved for exceptional cases. 44 ".... 45 "Appellants sought intervention two and one-half years after suit was filed; they either knew or should have known of the continuing negotiations.
discussed Cited as authority (rule) Beryl N. Jones v. Caddo Parish School Board v. June Phillips, Movant-Appellant (2×)
5th Cir. · 1983 · confidence medium
“Intervention after entry of a consent decree is reserved for exceptional cases.” Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
cited Cited as authority (rule) 28 Fair empl.prac.cas. 130, 28 Empl. Prac. Dec. P 32,478 Ollie T. Hill, John W. Ward, Charles R. Merriwether, Jr., Edward H. Minatee, Minnie Marble, Mary E. Carter, Individually and on Behalf of All Other Persons Similarly Situated v. Western Electric Company, Inc., Equal Employment Advisory Council, Amicus Curiae
4th Cir. · 1982 · confidence medium
Courts have properly "emphasized the seriousness of the prejudice which results when relief from long-standing inequities is delayed." Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978).
cited Cited as authority (rule) Hill v. Western Electric Co.
4th Cir. · 1982 · confidence medium
Courts have properly “emphasized the seriousness of the prejudice which results when relief from long-standing inequities is delayed.” Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978).
cited Cited as authority (rule) Georgia-Pacific Corp. v. United States
Ct. Cl. · 1981 · confidence medium
See, e.g., NAACP v. New York, 413 U.S. 345, 366 (1973); Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 (1978).
cited Cited as authority (rule) Petrol Stops Northwest v. Continental Oil Co.
9th Cir. · 1981 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) (per curiam), cert. denied sub nom.
cited Cited as authority (rule) Brink v. DaLesio
D. Maryland · 1980 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.) cert. denied, 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 123 (1978).
discussed Cited as authority (rule) Associated General Contractors v. Secretary of Commerce of the United States Department of Commerce (2×) also: Cited "see, e.g."
C.D. Cal. · 1978 · confidence medium
Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978) (per curiam).
discussed Cited "see" Burnes v. Hawaiian Electric Company, Inc (2×)
Haw. · 2026 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978) (because the consent decree was “already being fulfilled,” 39 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** revocation of the decree “would create havoc and postpone the needed relief,” thus prejudicing the parties); Orange Cnty. v. Air Cal., 799 F.2d 535 , 538 (9th Cir. 1986) (allowing intervention after the City of Irvine learned the outcome “would not be entirely to its liking,” and “undoing . . . five years of protracted litigation” would prejudice the parties).
discussed Cited "see" Montana Wildlife Federation v. Bernhardt
D. Mont. · 2020 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir. 1978) (holding appellants should have joined the negotiations before the suit settled to protect their interests).
discussed Cited "see" Eeoc v. American Airlines, Inc. (2×)
9th Cir. · 2019 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 658 (9th Cir. 1978) (motion to intervene filed 17 days after consent decree became effective was untimely); Orange County, 799 F.2d at 538 (motion to intervene filed after tentative settlement reached was untimely); League of United Latin Am.
discussed Cited "see" United States v. State of California
9th Cir. · 2013 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.1978) (emphasizing that proposed intervenors should have recognized the risk that settlement decree could be to their detriment and not waited over two years after suit was filed to intervene).
discussed Cited "see" Prudencio v. Runyon
W.D. Va. · 1998 · signal: accord · confidence high
Retroactive seniority may not be denied merely because of the “abstract basis of adverse impact upon interests of other employees.” Franks, supra, 424 U.S. at 779 , 96 S.Ct. 1251 ; accord, Alaniz v. California Processors, Inc., 73 F.R.D. 289 (N.D.Cal.1976), aff'd 572 F.2d 657 (9th Cir.), cert. denied 439 U.S. 837 , 99 S.Ct. 123 , 58 L.Ed.2d 134 (1978).
cited Cited "see" Washington Trust Co. v. Smith
Conn. · 1997 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S. Ct. 123 , 58 L.
cited Cited "see" Washington Trust Co. v. Smith
Conn. App. Ct. · 1996 · signal: see · confidence high
See Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert. denied, 439 U.S. 837 , 99 S. Ct. 123 , 58 L.
Retrieving the full opinion text from the archive…
Maria ALANIZ Et Al., Plaintiff-Appellee,
v.
TILLIE LEWIS FOODS Et Al., Defendants, Robert Beaver Et Al., Applicant-Intervenors Appellant
77-1156.
Court of Appeals for the Ninth Circuit.
Apr 3, 1978.
572 F.2d 657
Richard Francis (argued), William R. Shepard (argued), of McCarthy, Johnson & Miller, San Francisco, Cal., for defendants-appellants., Vilma Martinez, of Mexican-American Legal Defense & Educational Fund, Michael A. Mendelson, San Francisco, Cal., for plaintiff-appellee.
Wright, Anderson, Whelan.
Cited by 82 opinions  |  Published
PER CURIAM:

To protect their seniority, appellants, a group of cannery employees, sought intervention in a class action instituted December 3, 1973, by minorities and women to rectify alleged discrimination in the Northern California canning industry. [1] Defendants were the plaintiffs’ unions and employers. The motion to intervene was filed July 2, 1976, seventeen days after a consent decree had become effective. Due to an appeal which temporarily deprived the court of jurisdiction, the court delayed its ruling.[*659] The appeal was dismissed and the decree modified before September 22, 1976, when appellants’ motion was heard again. On November 11,1976, the district court denied intervention because the motion was untimely. 73 F.R.D. 289 (N.D.Calif.1976).

While we believe the district court was correct, we take this occasion to emphasize the applicable considerations where, as here, the motion to intervene was filed after the entry of a consent decree which was preceded by extensive, well-publicized industry-wide negotiations.

The primary issue on appeal is: Did the district court abuse its discretion in ruling that the motion was untimely? We find no abuse of discretion and affirm.

The question of timeliness is addressed to the sound discretion of the trial court and will be overturned only when an abuse of discretion is shown. N.A.A.C.P. v. New York, 413 U.S. 345, 366, 93 S.Ct. 2591, 37 L.Ed.2d 648 (1973). Intervention after entry of a consent decree is reserved for exceptional cases. U. S. v. Blue Chip Stamp Co., 272 F.Supp. 432, 435-38 (C.D. Cal.1967), aff’d. 389 U.S. 580, 88 S.Ct. 693, 19 L.Ed.2d 781 (1968). Intervention of right motions, however, should be treated more leniently than permissive intervention motions because serious harm is more likely. Wright and Miller, Federal Practice and Procedure § 1916 (1972).

Three factors are usually weighed in determining timeliness:

(1) the stage of the proceeding;
(2) prejudice to other parties; and
(3) the reason for and the length of the delay.

See Commonwealth of Pennsylvania v. Rizzo, 530 F.2d 501, 506 (3rd Cir. 1976), cert. denied, 426 U.S. 921, 96 S.Ct. 2628, 49 L.Ed.2d 375 (1976); McClain v. Wagner Electric Corp., 550 F.2d 1115, 1120 (8th Cir. 1977).

Since the motion was filed after the consent decree was approved, the first factor weighs heavily against appellants. See Tesseyman v. Fisher, 231 F.2d 583 (9th Cir. 1955). [2] In evaluating the second factor, courts have emphasized the seriousness of the prejudice which results when relief from long-standing inequities is delayed. Here, the decree is already being fulfilled; to countermand it now would create havoc and postpone the needed relief. Thus, to prevail appellants must convincingly explain their delay. See Nevilles v. E.E.O.C., 511 F.2d 303 (8th Cir. 1975). This they have failed to do.

Appellants sought intervention two and one-half years after suit was filed; they either knew or should have known of the continuing negotiations. [3] The crux of appellants’ argument is that they did not know the settlement decree would be to their detriment. But surely they knew the risks. To protect their interests, appellants should have joined the negotiations before the suit was settled. Appellants have not proved fraudulent concealment. It is too late to reopen this action. See Harper v. Kloster, 486 F.2d 1134, 1137 (4th Cir. 1973).

Inasmuch as appellants’ application for intervention was properly denied, they are without standing to litigate the merits of the decree. Commonwealth of Pennsylvania v. Rizzo, 530 F.2d at 508. Therefore, appellants’ other arguments are to no avail.

The order denying intervention is AFFIRMED and the appeal is DISMISSED.

1

. Some of the appellants are members of the original class and are therefore bound by the decree.

2

. This is especiaily true when the applicants desire to relitigate issues already determined. See McDonald v. E. J. Lavino Co., 430 F.2d 1065 (5th Cir. 1970).

3

. Individual notices were mailed to class members; notices were posted at the plant; six days of hearings were held; newspapers reported the events; and the cannery employees undoubtedly discussed the possible effects the lawsuit might have. See Mandujano v. Basic Vegetable Products, Inc., 541 F.2d 832, 837-41 (9th Cir. 1976) (Trask, J., dissenting).