Humphrey v. U.S.

In instant action under Federal Tort Claims Act, Dist. Ct. did not err in denying motion by father of plaintiff to intervene in instant case, where said motion was filed nine months after parties had reached $13 million settlement and few weeks after case had been dismissed, and where intervention motion was filed so as to allow plaintiff’s attorney to seek portion of 25% contingency fee that had formed part of settlement. Dist. Ct. could properly find that motion was untimely, especially where plaintiff’s attorney failed to file intervention motion during time that attorney was monitoring case while it was still pending. Also, Dist. Ct. could not use supplemental jurisdiction to reopen case to resolve attorney fee question, where resolution of said issue would not affect net recovery of plaintiff.