Jochims v. Isuzu Motors, Ltd.

148 F.R.D. 624, 26 Fed. R. Serv. 3d 694, 1993 U.S. Dist. LEXIS 11233, 1993 WL 174875
CourtDistrict Court, S.D. Iowa
DecidedMay 24, 1993
DocketNo. 3-89-CV-70109
StatusPublished
Cited by9 cases

This text of 148 F.R.D. 624 (Jochims v. Isuzu Motors, Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jochims v. Isuzu Motors, Ltd., 148 F.R.D. 624, 26 Fed. R. Serv. 3d 694, 1993 U.S. Dist. LEXIS 11233, 1993 WL 174875 (S.D. Iowa 1993).

Opinion

ORDER GRANTING PETITION FOR INTERVENTION AND MODIFICATION OF PROTECTIVE ORDER

BENNETT, United States Magistrate Judge.

This is a products liability case in which Plaintiff Jeffrey T. Jochims alleges he was severely injured when a 1986 Isuzu Trooper II sport utility vehicle he was driving rolled over. On March 2, 1993, Jochims obtained a jury verdict for $1,132,200.00 against Defendant Isuzu Motors, Ltd. (“Isuzu”). That verdict is now subject to pending post-trial motions. This is the latest, and hopefully the final, discovery dispute, among the many between these parties.1 This latest legal skirmish raises the question of whether counsel for other plaintiffs involved in similar litigation against Isuzu in other jurisdictions may intervene in this litigation, post-trial, to seek modification of the protective order and obtain copies of discovery obtained by Jochims pursuant to a stipulated protective order. Initially, the court must determine whether Petitioners’ motion for intervention is timely [626]*626and whether Petitioners meet the requirements for intervention contained in Federal Rule of Civil Procedure 24(b). If these issues are decided in the affirmative, the court must then consider the two remaining issues presented by Petitioners’ motion: first, whether movants have a public right of access to those documents produced by Isuzu during the course of discovery which were subsequently introduced in open court and admitted as exhibits at trial; and second, whether Petitioners may obtain a modification of the protective order entered in this case regarding documents produced by Isuzu.

I. INTRODUCTION AND BACKGROUND

On January 24, 1991, by stipulation of the parties, then United States Magistrate Judge Longstaff* 2 entered a protective order in this ease. All discovery in this case then proceeded under the terms of that protective order. On October 8, 1992, Jochims moved to modify the protective order to permit Jochims to share discovery materials with other plaintiffs’ counsel. The court denied Plaintiffs Motion for Modification of Protective Order on November 30, 1992. Jochims v. Isuzu, 145 F.R.D. 499, 503 (S.D.Iowa 1992). The court found that Jochims had failed to carry his burden of establishing good cause for modification of the stipulated protective order. Id. The court left open the question of whether plaintiffs with litigation pending against Isuzu could intervene and request modification of the protective order pursuant to a more relaxed standard. Id. at 503-04.

This matter comes before the court on Petitioners’ Petition to Permit Intervention of Plaintiffs’ Counsel for Modification of Protective Order filed on January 25, 1993. Petitioners are plaintiffs’ counsel in other jurisdictions who represent plaintiffs who allege they have been injured while operating or occupying Isuzu Trooper vehicles, and have asserted claims involving the stability, handling, crashworthiness and occupant protection of the Trooper.

On January 27, 1993, the court continued consideration of the motion until the trial was concluded.3 Isuzu was to respond to the petition within fourteen days of completion of the trial. On March 5, 1993, Isuzu filed its resistance to the petition for intervention. The court then granted Petitioners until April 14, 1993, in which to respond to Isuzu, and set a telephonic hearing for April 20, 1993. The telephonic conference was held on that date, and all Petitioners and parties appeared. The matter is now fully submitted.

II. ANALYSIS

A. Permissive Intervention. Federal Rule of Civil Procedure 24(b) provides for permissive intervention.4 Rule 24 is to be construed liberally with all doubts resolved in favor of permitting intervention. Arkansas Elec. Energy Consumers v. Middle South Energy, Inc., 772 F.2d 401, 404 (8th Cir.1985), cert. denied sub nom., Ratepayers Fight Back v. Middle South Energy, Inc., 474 U.S. 1102, 106 S.Ct. 884, 88 L.Ed.2d 919 (1986). “[Pjermissive intervention is a matter within the sound discretion of the district court, and [its order will not be disturbed] except upon a ‘showing of clear abuse.’ ” United Nuclear Corp. v. Cranford Ins. Co., 905 F.2d 1424, 1427 (10th Cir.1990), cert, denied sub nom. American Special Risk Ins. [627]*627Co. v. Rohm & Haas Co., 498 U.S. 1073, 111 S.Ct. 799, 112 L.Ed.2d 860 (1991). It is widely recognized by courts that Rule 24(b) intervention is the “proper method to modify a protective order.” Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470 (9th Cir.), cert, denied sub nom. International Ins. Co. v. Bridgestone/Firestone Inc., — U.S. -, 113 S.Ct. 197, 121 L.Ed.2d 140 (1992); United Nuclear Corp., 905 F.2d at 1427; Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 783-84 (1st Cir.1988), cert. denied, 488 U.S. 1030, 109 S.Ct. 838, 102 L.Ed.2d 970 (1989); Meyer Goldberg, Inc. v. Fisher Foods, 823 F.2d 159, 162 (6th Cir. 1987); Martindell v. International Tel. & Tel. Corp., 594 F.2d 291, 294 (2d Cir.1979); In re Beef Industry Antitrust Litigation, 589 F.2d 786, 789 (5th Cir.1979).

(i). Rule 24(b) Requirements.

“Permissive intervention to litigate a claim on the merits under Rule 24(b) requires (1) an independent ground for jurisdiction; (2) a timely motion; and (3) a common question of law and fact between the movant’s claim or defense and the main action.” Beckman Indus., 966 F.2d at 473. However when a party does not intend to litigate a claim on the merits, an independent jurisdictional basis is not required. Id. As the Ninth Circuit explained in Beckman, in such a situation:

Intervenors do not ask the district court to rule on additional claims or seek to become parties to the action. They ask the court only to exercise that power which it already has, i.e., the power to modify the protective order. For that reason, no independent jurisdictional basis is needed.

Id.

Also, “[w]hen a collateral litigant seeks permissive intervention solely to gain access to discovery subject to a protective order, no particularly strong nexus of fact or law need exist between the two suits.” United Nuclear Corp., 905 F.2d at 1427; Beckman Indus., 966 F.2d at 474; Meyer Goldberg, 823 F.2d at 164. A requirement that the intervenor’s claim involves the same legal theory “is not required when intervenors are not becoming parties to the litigation.” Beckman Indus., 966 F.2d at 474.

(ii). Timeliness.

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148 F.R.D. 624, 26 Fed. R. Serv. 3d 694, 1993 U.S. Dist. LEXIS 11233, 1993 WL 174875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jochims-v-isuzu-motors-ltd-iasd-1993.