Class Plaintiffs Oppose Texas Couple’s Intervention in T-Mobile Data Breach MDL

U.S. District Judge Brian Wimes for Western Missouri in Kansas City should deny the motion of a Leander, Texas, couple to intervene as of right or for permissive intervention as additional co-plaintiffs in the multidistrict litigation arising from T-Mobile’s 2022 data breach (see 2404150007), said the class plaintiffs’ opposition Friday (docket 4:23-md-03073). Clark and Rosalind Collins claim that the existing plaintiffs can’t adequately represent their interests, but there’s “no basis” to grant the motion to intervene, the opposition said. Intervention as a matter of right under Rule 24(a) is improper “when the proposed intervenor is adequately represented,” and the 8th U.S. Circuit Court of Appeals “recognizes a presumption that class representatives adequately represent members of the class,” it said. The Collinses’ “scant and conclusory allegations” don’t overcome this presumption, and the court “must therefore deny their request for intervention as a matter of right,” it said. Permissive intervention under Rule 24(b) is “equally improper,” it said. The Collinses aren't only adequately represented by the class plaintiffs, but they also won’t be able “to contribute significantly to the factual development of the record or the adjudication of the legal issues,” it said. On the contrary, it’s “foreseeable” that the couple's intervention “would likely cause undue delay in the case” and prejudice the class plaintiffs, said the opposition. Nothing prevents the Collinses “from filing and prosecuting their own lawsuit over this matter,” it said. To the extent they are seeking to be named representatives in the pending consolidated complaint, that’s a matter under the “sole purview” of the interim co-lead counsel, it said. If this case settles or is otherwise resolved and the Collinses believe that their interests weren’t protected, they’re always free to opt out at that time, it said.