dissenting.

I am uncomfortable with Judge Boochever’s proposed disposition of the case and believe that the district judge did not abuse his discretion in denying as untimely Allstate’s motion for intervention. Fed.R. Civ.P. 24(a) requires that a motion to intervene be timely made. Allstate was well aware of the pendency of the action from its inception and had in fact filed an administrative claim. There was no excuse for moving to intervene sooner. Its motion came three days after the cutoff date for interrogatories and less than six weeks before the final discovery cutoff date. The admission of a new party at the winding-down stages of discovery in litigation can have very serious consequences to the court’s effort to get to a determination and trial judges ought to have wide latitude in the control and management of their cases.

While it may be that the motion was not absolutely barred by expiration of the limitations period, as appellant contends, there are many other considerations involved and we should be slow to rule that a district judge has abused discretion in denying so tardy a motion to intervene when he believes that intervention would delay or distort the case. Allstate has shown no reason why it waited until so late in the discovery process to attempt intervention. The government’s contention that Allstate’s intervention would have introduced new issues regarding the amount of damages to Cummings’ auto is not unrealistic. Since the complaint did not itemize property damage it would reasonably tend to prolong the discovery period. The district judge is in the best position to weigh that contingency.

I would hold that there was no abuse of discretion in denying Allstate’s belated motion to come into the case where Allstate had full knowledge and an opportunity reasonably to intervene while issues were being developed.