SEC MOTION TO INTERVENE AND TO SUSPEND THE MEMORANDUM OPINION AND ORDER OF JULY 3, 2012
August 22, 2012
By Matthew T. Martens
Applicant U.S. Securities and Exchange Commission ("SEC" or "Commission") respectfully submits
this memorandum of law in response to Robert Cheatham's Motion To Intervene and To Suspend the
Memorandum Opinion and Order of July 3, 2012 ("Motion To Intervene").
Mr. Cheatham contends that he may intervene as of right in this proceeding pursuant to Federal
Rule of Civil Procedure 24(a)(2). That provision states that intervention must be granted as of
right, "[o]n timely motion," to anyone who "claims an interest relating to the property or
transaction that is the subject of the action, and is so situated that disposing of the action
may as a practical matter impair or impede the movant's ability to protect its interest, unless
existing parties adequately represent that interest." In other words, the right of a party to
intervene depends on the following four factors:
(1) the timeliness of the motion; (2) whether the applicant "claims an interest relating to the
property or transaction which is the subject of the action"; (3) whether "the applicant is so
situated that the disposition of the action may as a practical matter impair or impede the
applicant's ability to protect that interest"; and (4) whether "the applicant's interest is
adequately represented by existing parties.".
SEC Motion To Intervene and To Suspend the Memorandum Opinion and Order.
READER DISCUSSION
SIVG reserves the right to delete comments that are off-topic or offensive. Excessively long comments may be moderated as well. SIVG cannot facilitate requests to remove comments or explain individual moderation decisions. The comments posted here, express only the views of their authors and not the administrators/moderators from SIVG; for that reason SIVG won't be held responsible for those contents
Showing 0 comments...