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SCHULTZ v. U.S.

No. 08-17304.

594 F.3d 1120 (2010)

Richard D. SCHULTZ, Plaintiff-Appellee, v. UNITED STATES of America, Creditor-Appellee, Thomas K. Bourke, Proposed Intervenor-Appellant, and Judgment Resolution Corporation; Leslie H. Combs, II, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2010.

Attorney(s) appearing for the Case

Richard M. Goldstein, Goldstein, Tanen & Trench, P.A., Miami, FL, for proposed-intervenor-appellant.

Evan Jason Smith, Esquire, Brodsky & Smith, LLC, Beverly Hills, CA, for the plaintiff-appellee.

Deborah F. Sanders, Esquire, Assistant U.S. Attorney, Office of the U.S. Attorney, Columbus, OH, for the creditor-appellee.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and BARBARA M.G. LYNN, District Judge.

LYNN, U.S. District Judge:

I. Introduction

Proposed Intervenor Thomas Bourke ("Bourke") seeks review of the denial of his motion to intervene as of right pursuant to Fed.R.Civ.P. 24(a)(2). We affirm the judgment of the district court because denial of Bourke's motion was proper under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A, which gives rise to Bourke's interest in this action. Because the remedy provided in the MVRA is exclusive...

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