(1) whether Federal Rule of Civil Procedure 24(a) permits post-judgment intervention as this Court held in United Airlines, Inc. v. McDonald, 432 U.S. 385 (1977); (2) whether a district court may ignore an appellate remand's explicit instruction to "develop facts to determine in the first instance" threshold questions; and (3) whether Rule 17(a)(3)'s mandatory language — "The court may not dismiss... until... a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted" — permits dismissal without ruling on pending substitution and joinder motions.
Whether a pro se trustee's post-judgment intervention and appeal challenging property refinancing claims can overcome procedural barriers and district court dismissal