Legal Opinion

Robert Ito Farm, Inc. v. County of Maui

Court of Appeals for the Ninth Circuit

Decided November 18, 2016No. 15-15246PublishedCited by 20 opinions

1Opinion of the Court

OPINION

MURGUIA, Circuit Judge:

A magistrate judge may exercise jurisdiction over a civil action “[ujpon the consent of the parties.” 28 U.S.C; § 636(c)(1). This case requires us to decide whether the consent of a prospective intervenor— that is, one who wants to intervene but has not yet been allowed to do so—is necessary, for a magistrate judge to rale on a motion to intervene. We hold that prospective intervenors are not “parties” for purposes of § 636(c)(1), and a magistrate judge who has the consent of the named parties to the suit may rale on a prospective intervenor’s motion to intervene…

2Cases cited18 opinions

  1. Stringfellow v. Concerned Neighbors in ActionSupreme Court of the United States · 1987
  2. United States ex rel. Eisenstein v. City of New YorkSupreme Court of the United States · 2009
  3. Dreith v. Nu Image, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Pacemaker Diagnostic Clinic of America, Inc., a Corporation, Plaintiff- Cross-Appellee v. Instromedix, Inc., a Corporation, Cross-AppellantCourt of Appeals for the Ninth Circuit · 1984
  5. Donnelly v. GlickmanCourt of Appeals for the Ninth Circuit · 1998

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3Cited by20 opinions

  1. Michael Williams v. Audrey KingCourt of Appeals for the Ninth Circuit · 2017
  2. Victor Washington v. Kilolo KijakaziCourt of Appeals for the Ninth Circuit · 2023
  3. Carolyn Callahan v. Brookdale Senior Living Cmty.Court of Appeals for the Ninth Circuit · 2022
  4. United States v. US Ex Rel. Gwen ThrowerCourt of Appeals for the Ninth Circuit · 2020
  5. Cahill v. Nike, Inc.Court of Appeals for the Ninth Circuit · 2025

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