Odle v. Wal-Mart Stores, Inc., No. 16-10347 (5th Cir. 2018)Annotate this Case
Would-be plaintiff–intervenors filed a motion to intervene after the district court had already entered a Federal Rule of Civil Procedure 41(a)(1) stipulated dismissal of plaintiffs' claims. When the district court held that it lacked jurisdiction to consider the motion, it did not have the benefit of Sommers v. Bank of American, N.A., which rejected the suggestion that intervention was always improper after a case has been dismissed.
The Fifth Circuit held that, because Sommers was controlling in this case, the district court has jurisdiction to consider the would-be intervenors' motion. The court agreed with Wal-Mart that, if jurisdiction was found to exist, the court should remand for consideration of Rule 24's basic requirements. Accordingly, the court vacated the district court's order denying intervention on jurisdictional grounds and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on March 27, 2017.