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In the present case, this Court should deny the LLC's motion outright. In the <br /> alternative, the Court should strike the new claims and issues that the LLC attempts to <br /> interject into the case through its Motion to Intervene. <br /> Upon information and belief, Midcon Realty, LLC was formed in the Spring of 1998 <br /> and the Creditors' Trustee sold the remaining land to the LLC prior to MCR and the Trustee <br /> moving to amend their third-party complaint in August 1998. As stated above, Robert <br /> Delaney is a principal of both the LLC and MCR, and the same attorney represents the LLC <br /> and the third-party plaintiffs. <br /> Consequently, at the time of the filing of the motion to amend with the accompanying <br /> proposed amended third-party complaint which contains the claim that affects the LLC's <br /> property, the LLC had notice of the claim and had an opportunity to intervene. Having <br /> failed to do so, the LLC's motion to intervene is untimely and should be denied. Ellithorpe, <br /> u ra; Andrikopoulos v. Minnelusa. supra. <br /> In addition, given that Robert Delaney is a principal of both MCR and the LLC; that <br /> the Creditor's Trustee is currently a party; and that the same attorney is representing MCR, <br /> the LLC and the Trustee, as a practical matter, the LLC's interest in enjoining demolition of <br /> structures will be protected by the present parties pursuant to their Fifth Claim for Relief <br /> asserted in the amended third-party complaint. Therefore, this Court should deny the LLC's <br /> motion to intervene. See Denver Chapter of Colo. Motel Ass'.. supra; Cf. Diamond Lumber, <br /> Inc., supra. I <br /> 1 As stated infra, the Division believes the Court should join the LLC as a <br /> party so that the Division avoids the risk of multiple, potentially <br /> inconsistent, demands by the LLC, MCR and the Trustee regarding reclamation of <br /> 6 <br />