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Northwest School of Safety v. Ferguson

United States District Court, W.D. Washington, Tacoma

March 23, 2015

NORTHWEST SCHOOL OF SAFETY, a Washington sole proprietorship, et al., Plaintiffs,
v.
BOB FERGUSON, Attorney General of Washington (in his official capacity), et al., Defendants.

ORDER GRANTING MOTION TO INTERVENE

BENJAMIN H. SETTLE, District Judge.

This matter comes before the Court on Proposed Intervenors Cheryl Stumbo, Washington Alliance for Gun Responsibility, and Everytown for Gun Safety Action Funds for I-594's (collectively "Stumbo") motion to intervene as defendants (Dkt. 14). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants the motion for the reasons stated herein.

I. PROCEDURAL HISTORY

On December 30, 2015, Plaintiffs Northwest School of Safety, Puget Sound Security, Inc., Pacific Northwest Association of Investigators, Inc., Firearms Academy of Seattle, Inc., Darryl Lee, Xee Del Real, Joe Waldron, Gene Gottlieb, Andrew Gottlieb, Alan Gottlieb, Gottlieb Revocable Living Family Trust, and Second Amendment Foundation (collectively "Northwest School") filed a complaint for an order enjoining Defendants Bob Ferguson, John R. Batiste, and Does I-V (collectively "Ferguson") from enforcing Initiative to the Legislature No. 594's ("I-594") amendments to RCW 9.41 for invalidity for vagueness and infringement on constitutional rights. Dkt. 1 at 2.

On January 27, 2015, Ferguson answered. Dkt. 10.

On February 23, 2015, Stumbo filed a motion to intervene. Dkt. 14. On the same day, Stumbo, as a proposed intervenor, also filed an answer. Dkt. 19.

On March 5, 2015, Ferguson filed a motion to dismiss. Dkt. 23.

On March 9, 2015, Northwest School filed a response to Stumbo's motion to intervene. Dkt. 25. On March 13, 2015, Stumbo replied. Dkt. 28.

II. FACTUAL BACKGROUND

Northwest School challenges the enforcement of I-594 on the grounds that its amendments violate the Second and Fourteenth Amendments of the United States Constitution and Sections 3 and 24 of Article I of the Washington State Constitution. Dkt. 1 at 2. I-594 requires a background check on all transfers, including noncommercial transfers, of firearms in Washington. Plaintiffs are various firearms safety schools, private security firms, and a trust that routinely exchange firearms amongst its members. Id.

The Stumbo intervenors are the principal parties behind the drafting of and campaign for I-594, including its Citizen-Sponsor, its registered ballot committee and campaign, and a Washington State ballot committee established to pass I-594. Dkt. 14 at 3.

III. DISCUSSION

Northwest School objects to the addition of Stumbo to this action under the permissive intervention rule, Fed.R.Civ.P. 24(b). Dkt. 25 at 2. Northwest School argues that Stumbo poses a significant risk of redundancy, delay, and prejudice to all parties. Finally, Northwest School contends that Stumbo is more appropriately included as amici curiae. Id.

Permissive intervention is available to any party at the Court's discretion. In relevant part, ...


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