Arizona Aguilera v. Fontes et al

When Intervenors filed their Motions to Intervene under Rule 24 on 11/5/2020, they
complied with the Rule 24(c)(1)(B) requirement that “[a]nyone moving to intervene must … attach
as an exhibit to the motion a copy of the proposed pleading in intervention that sets out the claim
or defense for which intervention is sought.” However, Rule 24(c)(2), entitled Filing and Serving
Pleading in Intervention, directs: “Unless the court orders otherwise, an intervenor must file and
serve the pleading in intervention within 10 days after entry of the order granting the motion to
intervene.”

This Court ordered granting the two unopposed Motions to Intervene on the record during
the Order to Show Cause Return Hearing held on 11/5/2020. However, as of today, 11/9/2020, the
docket does not reflect any Answer in Intervention, or any other Answer, or any Motion for
Summary Judgment, yet having been filed in this cause. Consequently, THE COURT FINDS
Plaintiffs had the right to file their Notice of Voluntary Dismissal under Rule 41(a)(1)(A)(i) on
11/7/2020, resulting in dismissal of this cause without need for further Order of the Court.

This cause thus having been dismissed by operation of law upon the filing of Plaintiffs’
Notice of Dismissal on 11/7/2020, IT IS ORDERED denying the Secretary’s Motion to Transfer
and Consolidate Related Cases as this cause was dismissed before the Motion was filed.