Robert Ito Farm, Inc. v. County of Maui

Bad Law
842 F.3d 681·2016 WL 6818863·2016 U.S. App. LEXIS 20668
United States Court of Appeals for the Ninth CircuitNovember 18, 201615-15246California2,597 words

Opinion

Opinion

Murguia, J.

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 without the prospective intervenor’s consent.

I.

In November 2014, the voters of the County of Maui (“the County”) approved a county' ordinance (“the Ordinance”) via ballot initiative prohibiting the growth, testing, and cultivation of genetically engineered crops until the County conducted an environmental and health impact study. A group of industrial agriculture plaintiffs (Appellees in this appeal) sued the County in federal court to enjoin and invalidate the Ordinance. The parties consented to have the case proceed before a magistrate judge.

Two public-interest citizens’ groups, Shaka and MOM Hui, filed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.