3:17-cv-01813 #65

65 – Order (April 19, 2018) [Docket Text Only]

ORDER: On April 19, 2018, Federal Defendants filed their reply in support of their motion to dismiss 64 . There are three fully-briefed motions to dismiss before the Court 30 , 31 and 49 . Accordingly, the Court will take the motions to dismiss under advisement as of April 19, 2018. Additionally, the Court GRANTS Governor Kate Brown and Oregon Department of Education’s motion for leave to appear as amicus curiae 50 . Lastly, regarding Basic Right Oregon’s (BRO) motion to intervene as defendant 24 , the Court considers the following requirements for determining whether permissive intervention is appropriate. Under Federal Rule of Civil Procedure 24(b)(1)(B) as applied in the Ninth Circuit, there must be: (1) independent grounds for jurisdiction; (2) the motion must be timely; and (3) there must be a common question of law and fact between the movant’s claim or defense and the main action. Freedom from Religion Found., Inc. v. Geithner , 644 F.3d 836, 843 (9th Cir. 2011). The Court concludes that BRO has satisfied each requirement outlined above and its proposed permissive intervention in this case is appropriate. Therefore, the Court exercises its discretion to GRANT BRO’s motion 24 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 04/19/2018)