Legal Intervenor Complaint

LEGAL INTERVENOR COMPLAINT

Court:   Case No.:   Judge:

Plaintiff:   Defendant:

Intervenor:   Intervenor's Role:

RECITALS

WHEREAS, Plaintiff initiated the underlying action referenced above on or about , asserting claims that directly affect the rights and interests of Intervenor; and

WHEREAS, Intervenor holds an interest in the subject matter of the litigation by virtue of , which may be impaired by the disposition of the existing action; and

WHEREAS, Intervenor seeks to protect that interest and to ensure that any relief granted in the underlying action does not prejudice Intervenor's rights;

NOW THEREFORE, Intervenor hereby files this Complaint in Intervention and alleges the following upon personal knowledge where indicated and otherwise upon information and belief.

1. JURISDICTION AND VENUE

1.1 This Court has subject matter jurisdiction over this action under the applicable statutes and rules governing intervention and declaratory relief because the claims asserted herein arise from the same transaction or occurrence that is the subject of the pending action and present common questions of law and fact.

1.2 Venue is proper in this Court because the events giving rise to Intervenor's interest occurred in this jurisdiction and the property or interest at issue is situated within this judicial district.

2. PARTIES

3. INTEREST AND BASIS FOR INTERVENTION

3.1 Intervenor asserts that it has a protectable interest relating to the subject of the action because

3.2 Intervenor's interest may be impaired by the disposition of the action in which Plaintiff seeks relief because

3.3 Intervention as of right is asserted under applicable procedural rules on the basis that (a) Intervenor's interest is direct and substantial; (b) disposition of the action without Intervenor may impair Intervenor's ability to protect that interest; and (c) Intervenor's interest is not adequately represented by the existing parties. Alternatively, Intervenor seeks permissive intervention in the Court's discretion.

Intervention requested: As of right    Permissive

4. FACTUAL ALLEGATIONS

Key event date:   Location of events:

5. CAUSES OF ACTION

COUNT I — Declaratory Judgment: Intervenor requests a declaration that Intervenor's rights and obligations with respect to the subject matter are as follows:

COUNT II — Injunctive Relief: Intervenor alleges that immediate injunctive relief is necessary to prevent irreparable harm because . Intervenor seeks preliminary and permanent injunctive relief to preserve the status quo and prevent injury to Intervenor's interests.

COUNT III — Other Relief: To the extent necessary, Intervenor pleads additional claims including but not limited to equitable relief, accounting, or other remedies appropriate to the facts and law. Specific relief requested is described in the Prayer for Relief.

6. PRAYER FOR RELIEF

WHEREFORE, Intervenor respectfully requests that the Court enter judgment as follows:

1. That Intervenor be permitted to intervene as a party to this action in accordance with applicable law;
2. That the Court declare the rights, duties, and obligations of the parties with respect to the subject matter as requested in Count I;
3. That the Court grant preliminary and permanent injunctive relief as described:
4. For monetary relief in the amount of , or in such other amount as the evidence and law permit, and for interest, costs, and expenses as allowed by law;
5. For attorneys' fees and costs to the extent permitted by statute or contract; and
6. For such other and further relief as the Court deems just and proper.

7. NOTICES

8. MISCELLANEOUS PROVISIONS

Governing Law: This Complaint and any relief granted hereunder shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

Entire Agreement: This Complaint constitutes the complete statement of Intervenor's claims and remedies arising out of the facts alleged herein and supersedes any prior understandings or communications to the extent those matters are asserted in this pleading.

Severability: If any provision of this Complaint is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: Intervenor reserves the right to amend this Complaint as permitted by rule or statute. No waiver of any provision of this Complaint shall be effective unless in a writing signed by the party waiving compliance.

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