Chambers Medical Foundation v. Chambers

236 F.R.D. 299, 2006 U.S. Dist. LEXIS 24454, 2006 WL 897225
CourtDistrict Court, W.D. Louisiana
DecidedApril 4, 2006
DocketNo. 05-0786
StatusPublished
Cited by3 cases

This text of 236 F.R.D. 299 (Chambers Medical Foundation v. Chambers) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chambers Medical Foundation v. Chambers, 236 F.R.D. 299, 2006 U.S. Dist. LEXIS 24454, 2006 WL 897225 (W.D. La. 2006).

Opinion

MEMORANDUM RULING

WILSON, United States Magistrate Judge.

Before the court are the following motions: Motion to Intervene by the Estate of Russell C. Chambers, M.D., [doe. # 42]; and a Motion to Intervene by Jason R. Chambers [doc. # 49].1

Law

Federal Rule of Civil Procedure 24 contemplates two types of intervention: intervention of right and permissive intervention. To intervene as of right each of the following four requirements must be met: “(1) the application for intervention must be timely; (2) the applicant must have an interest relating to the property or transaction which is the subject of the action; (3) the applicant must be so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest; (4) the applicant’s interest must be inadequately represented by the existing parties to the suit.” Mothersill D.I.S.C. Corp. v. Petroleos Mexicanos, S.A., 831 F.2d 59, 61 (5th Cir.1987) (citations omitted); see also, Hopwood v. State of Tex., 21 F.3d 603, 605 (5th Cir.1994).2

Permissive intervention is appropriate where “an applicant’s claim or defense and the main action have a question of law or fact in common.” Trans Chemical Ltd. v. China Nat. Machinery Import and Export Corp., 332 F.3d 815, 824 (5th Cir.2003)(quoting, Fed.R.Civ.P.24(b)(2)). Yet, even if a party meets the requirements of Rule 24(b), permissive intervention remains “wholly discretionary” with the court. S.E.C. v. Funding Resource Group 2000 WL 1468823 (5th Cir.2000)(unpubl.)(citing, New Orleans Public Service, Inc. v. United Gas Pipe Line Co., 732 F.2d 452, 471 (5th Cir.1984).

In addition to satisfying the criteria for intervention pursuant to Rule 24, the proposed intervenor must also establish that we have subject matter jurisdiction to decide the new claim. See, 7A C. Wright & A. Miller, Federal Practice and Procedure § 1917 (citing, Fed.R.Civ.P. 82’s recognition that the rules of civil procedure cannot extend or limit federal court jurisdiction); Dev. Finance v. Alpha Housing & Health Care, [302]*302Inc., 54 F.3d 156 (3rd Cir.1995)(proposed intervenor enjoys burden of showing that claims are properly before the court).

Since its enactment in 1990, the supplemental jurisdiction statute has been the customary vehicle to facilitate jurisdiction of an intervention. 28 U.S.C. § 1367(a)(“Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.”). In cases where original jurisdiction is grounded upon a federal question, 28 U.S.C. § 1331, supplemental jurisdiction ordinarily attaches to the intervention without further ado. 28 U.S.C. § 1367(b). However, in cases where original jurisdiction is conferred by diversity, 28 U.S.C. § 1332, the courts shall not have supplemental jurisdiction over claims by persons seeking to intervene as plaintiffs under Rule 24 when exercising supplemental jurisdiction over the claims would be “inconsistent with the jurisdictional requirements of section 1332.” 28 U.S.C. § 1367(b). In other words, a would-be intervenor-plaintiff in a diversity case must demonstrate an independent jurisdictional ground to support the claim, e.g., federal question or diversity. See, Hunt Tool Co. v. Moore, Inc. 212 F.2d 685, 688 (5th Cir.1954)(addressing pre- § 1367, ancillary jurisdiction).3

However, § 1367(b) is silent as to would-be intervenor-defendants in a diversity case. This silence has led courts to conclude that we may exercise supplemental jurisdiction over intervenor-defendants. See, State National Insurance Co., Inc. v. Yates, 391 F.3d 577, fn. 16 (5th Cir.2004)(citing, Development Finance Corp. v. Alpha Housing & Health Care, Inc., supra); Dushane v. Gallagher Kaiser Corp., 2005 WL 1959151, CM Action Number 05-0171 (W.D.La.8/10/05); MCI Telecommunications Corp. v. Logan Group, Inc., 848 F.Supp. 86 (N.D.Tex.1994).

Thus, in a diversity case, whether a proposed intervenor is classified as a plaintiff or as a defendant can be of critical significance. However, a party’s self-denomination is not determinative. Rather, the courts must classify the intervenor in accordance with the intervenor’s true interest. One such test is to ensure that all the parties with the same ‘ultimate interests’ in the outcome of the action are on the same side. Lowe v. Ingalls Shipbuilding, A Div. of Litton Systems, Inc., 723 F.2d 1173 1177-1178 (5th Cir.1984)(citing, 13B Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 3607). A second test used by the courts of late defines “an intervening ‘plaintiff [as] one who voluntarily chooses to intervene in an ongoing federal action to assert its own affirmative claims.” MCI Telecommunications Corp., supra; Dushane, supra; Evert v. Finn, 1999 WL 246711 (E.D.La.l999).4 By contrast, “non-plaintiff intervenors entitled to supplemental jurisdiction for their claims are those who must intervene to defend or protect interests put in issue by the federal action and likely to be lost without the party’s intervention.” Id.

With these preliminary guideposts in place, we turn to the proposed interventions.

I. The Estate of Russell C. Chambers, M.D.

The first consideration is timeliness.

[303]

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Bluebook (online)
236 F.R.D. 299, 2006 U.S. Dist. LEXIS 24454, 2006 WL 897225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-medical-foundation-v-chambers-lawd-2006.