Is a Decision on a Motion to Intervene Dispositive under 28 U.S.C. § 636? — Case Law Split as to Whether Magistrate Judge Has Power to Decide or Must Issue an R&R
Vazzo v City of Tampa, 2018 U.S. Dist. LEXIS 57558 (M.D. Fla. Mar. 15, 2018):
1 Courts in this circuit are split on whether motions to intervene are dispositive under 28 U.S.C. Section 636. Compare Mid-Continent Cas. Co. v. Old Dominion Ins. Co., No. 5:11-CV-367-OC-34TBS, 2011 WL 5510802, at *1 n.1 (M.D. Fla. Oct. 3, 2011) (deciding to issue a magistrate judge's decision on a Rule 24(a) motion to intervene as a report and recommendation), with BakeHouse SB, LLC v. City of Miami Beach, No. 17-20217-CV-LENARD/GOODMAN, 2017 WL 2645760, at *2 (S.D. Fla. June 20, 2017) (deciding to issue a magistrate judge's decision on motions to intervene under Rule 24(a) and 24(b) as an order). The Eleventh Circuit has not addressed this issue and other circuits are similarly unclear on whether motions to intervene should be decided by a report and recommendation or order. See, e.g., Malin Int'l Ship Repair & Drydock,Inc. v. Oceanografia, S.A. de C.V., No. G-12-304, 2014 WL 12616098, at *2 n.1 (S.D. Tex. Aug. 13, 2014) (discussing inconsistent rulings in the Fifth Circuit on whether motions to intervene should be decided by report and recommendation or order). Therefore, out of an abundance of caution, the undersigned issues a report [*2] and recommendation.
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