Paul Revere Insurance Group v. United States

MEMORANDUM **

Rex K. DeGeorge (“DeGeorge”) and Kathryn Palmer DeGeorge (“Palmer”) (collectively “DeGeorges”) appeal the magistrate judge’s order enforcing the judgment lien of the United States. 1 Addressed in this disposition are the arguments (1) that Palmer lacks standing to appeal, (2) that the magistrate judge lacked jurisdiction to rule on the government’s motion to enforce the judgment lien, and (3) that the DeGeorges’ due process rights were violated.

1. The government argues that Palmer lacks standing in this appeal. 3 It is well established that “only a properly named party may initiate an appeal.” Citibank Int’l v. Collier-Traino, Inc., 809 F.2d 1438, 1441 (9th Cir.1987) (citing Bender v. Williamsport Area School Dist., 475 U.S. 534, 548 , 106 S.Ct. 1326 , 89 L.Ed.2d 501 (1986)). We follow “the general rule that one who is not a party before the district court may not appeal a judgment.” Commodity Futures Trading Comm’n v. Topworth Int’l, 205 F.3d 1107, 1113 (9th Cir. 1999). A nonparty will have standing to appeal “only in exceptional circumstances when: (1) the party participated in the *505 proceedings below; and (2) the equities favor hearing the appeal.”…