Free Motion to Intervene - District Court of Federal Claims - federal

Case 1:03-cv-01798-EJD

Document 43

Filed 05/17/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ___________________________________ ) AMERICAN RENOVATION AND ) CONSTRUCTION COMPANY, ) Plaintiff, ) Case No. 03-1798C ) (Chief Judge Damich) v. ) ) CLASSICAL FINANCIAL SERVICES, LLC,) Intervenor Plaintiff, ) ) v. ) ) UNITED STATES, ) Defendant. ) ___________________________________) ST. PAUL FIRE & MARINE INSURANCE COMPANY'S MOTION TO INTERVENE AS PLAINTIFF COMES NOW the Intervenor-Applicant, St. Paul Fire & Marine Insurance Company ("St. Paul" or "Intervenor-Applicant"), by counsel, and, pursuant to RCFC Rule 24(a), respectfully moves for intervention as a matter of right as Plaintiff in this lawsuit because: (a) St. Paul, a Miller Act Surety, has a legally protectable interest in the subject matter of this lawsuit, pursuant to its equitable subrogation, indemnification and contractual rights; (b) St. Paul's interest may not be adequately protected by the parties already in the lawsuit; and (c) denial of intervention is likely to impair St. Paul's ability to protect its interests. Alternatively, Intervenor-Applicant respectfully moves for

intervention under RCFC Rule 24(b) because there are common issues of law or fact between St. Paul's claims and this action. St. Paul's motion for intervention is timely. St. Paul's grounds for this motion are set forth in the accompanying Memorandum of Law and Appendix thereto.

Case 1:03-cv-01798-EJD

Document 43

Filed 05/17/2005

Page 2 of 2

Plaintiff, American Renovation & Construction Company, and Defendant, United States, by respective counsel, have authorized the undersigned to represent that the parties do not oppose St. Paul's motion to intervene. Respectfully submitted this 17th day of May 2005. ST. PAUL FIRE & MARINE INSURANCE COMPANY By Counsel: s/- Robert G. Watt ROBERT G. WATT Watt, Tieder, Hoffar & Fitzgerald, LLP 8405 Greensboro Drive, Suite 100 McLean, Virginia 22102 Ph: (703) 749-1000 Fax: (703) 893-8029 [email protected] Of Counsel: HARISH C. MIRCHANDANI Watt, Tieder, Hoffar & Fitzgerald, LLP 8405 Greensboro Drive, Suite 100 McLean, Virginia 22102 Ph: (703) 749-1000 Fax: (703) 893-8029 [email protected]

CERTIFICATE OF FILING I hereby certify that on May 17, 2005, a copy of St. Paul's Motion to Intervene, Supporting Memorandum and Appendix, were filed electronically. I understand that a copy of the same will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/ Robert G. Watt

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