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Kalbers v. United States DOJ, No. 20-56316, 2021 U.S. App. LEXIS 38331 (9th Cir. Dec. 28, 2021)

The district court abused its discretion in denying Volkswagen's motion to intervene in a FOIA action seeking production of documents concerning Volkswagen's dieselgate fraud.  Volkswagen satisfied Fed. R. Civ. P. 24(a)'s three requirements for intervention as of right.  It had a significant protectible interest in asserting that the sought documents were exempt from FOIA disclosure under Exemption 4.  A ruling… Read More

S. Coast Air Quality Mgmt. Dist. v. City of L.A., No. B310783, 2021 Cal. App. LEXIS 933 (Ct. App. Nov. 4, 2021)

The trial court did not abuse its discretion in denying the longshoremen's union permissive intervention in this multi-sided litigation over an environmental impact report for the China Terminal which handles 17% of the cargo at the Port of Los Angeles.  In ruling on a motion for permissive intervention, a court considers four factors:  1. whether the intervener has followed proper… Read More

Robert Ito Farm, Inc. v. County of Maui

If all existing named parties consent to magistrate judge jurisdiction, the magistrate judge may rule on a motion to intervene even if the prospective intervenor does not consent.  Read More