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Judge's Response to Jonathan Lee Riches's Request for Intervention

Judge's Response to Jonathan Lee Riches's Request for Intervention

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Published by DealBook
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Published by: DealBook on Jan 31, 2009
Copyright:Attribution Non-commercial


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--------------------------------------------------------------XSECURITIES INVESTOR PROTECTION :CORPORATION, : Adversary Proceeding:Plaintiff, : No. 08-01789 (BRL):v. ::BERNARD L. MADOFF INVESTMENT :SECURITIES LLC, ::Defendant. :--------------------------------------------------------------X
Jonathan Lee Riches, pro se (the “Movant”) filed a motion with this Court on January 12,2009 (ecf #48) (i) to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure(“Federal Rules”), made applicable herein by Rule 7024 of the Federal Rules of BankruptcyProcedure; (ii) “for Brief of Amicus Curaie [sic], friend of the court”; and (iii) “for Request forAdmission, Rule 36” (which relates to discovery and not admission or intervention into aproceeding).Specifically, the Movant, a self-described inmate of the federal prison system, and nostranger to the federal courts, and having filed over one thousand lawsuits in Federal DistrictCourts,
see Race Tires America, Inc. v. Hoosier Racing Tire Corp.
, No. 02:07-CV-1294, 2008WL 3271550, at *1 (W.D. Pa. Aug. 5, 2008), alleges he and fellow inmates invested their“prison funds” with Bernard L. Madoff (“Madoff”) and that Madoff transferred their funds to a“Swiss account Ponzi.” Movant asserts that he is entitled to intervene as a matter of rightpursuant to Federal Rule 24(a)(2), or in the alternative, seeks permissive intervention pursuant toFederal Rule 24(b).Federal Rule 24(a)(2), “Intervention of Right,” requires the Movant to show, amongother things, that the “disposition of the action threatens to create a practical impediment to itsability to protects [sic] its interests” and “no existing party adequately represents its interests.”
 B. Fernandez & Hnos., Inc. v. Kellogg USA, Inc.
, 440 F.3d 541, 544–45 (1st Cir. 2006);
see also
. R. C
. P. 24(a)(2). The Movant’s papers fail to satisfy either of these requirements. First,the disposition of the Securities Investor Protection Act proceeding (“SIPA Proceeding”) doesnot hinder the Movant’s ability to protect his interests because the Movant has the ability to file aclaim. The ability to file a claim in the SIPA Proceeding adequately protects the Movant’sinterests. Second, the Movant has made no showing, nor allegation, that the existing party (theSIPA Trustee) will not adequately represent his interests. Therefore, the Movant has failed tomake a showing that he is entitled to intervene as of right.

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