Clover et al v. Camp Pendleton & Quantico Housing LLC et al
ORDER Proposing to Treat Government's Notice as Motion for Leave to Intervene; and ORDER Vacating Hearing. The hearing on 26 the motion to dismiss, currently on calendar for Monday, 11/23/2020, at 11:15 a.m. is vacated. (Dkt. No. 26 .) Signed by Chief Judge Larry Alan Burns on 11/16/2020. (jdt)
Case 3:20-cv-00567-LAB-WVG Document 35 Filed 11/16/20 PageID.2430 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JASON CLOVER, et al.
Case No.: 20cv567-LAB (WVG)
CAMP PENDLETON &
QUANTICO HOUSING LLC, et al.
ORDER PROPOSING TO TREAT
GOVERNMENT’S NOTICE AS
MOTION FOR LEAVE TO
ORDER VACATING HEARING
Defendants filed a motion to dismiss, claiming derivative immunity under
Yearsley v. W. A. Ross Constr. Co., 309 U.S. 18 (1940), and its progeny. After
Plaintiffs filed their opposition, the United States filed a notice of statement of
interest, citing 28 U.S.C. § 517. The notice does not merely give the government’s
view of the law generally, but urges the Court to deny the motion based on the
facts of the case. These include the terms of the operating agreement and the
ground lease, to which Defendants and the government are parties. The notice
does not say whether the Attorney General authorized the filing, or whether the
decision to file the brief was that of the local U.S. Attorney’s office alone. See § 517
(providing that “any officer of the Department of Justice may be sent by the
Case 3:20-cv-00567-LAB-WVG Document 35 Filed 11/16/20 PageID.2431 Page 2 of 2
Attorney General” to attend to the interests of the United States in a case pending
in federal court).
The Court proposes to treat the motion, in part, as a motion for leave to
intervene as to the issue raised, which it would be inclined to grant. See County of
Ocean v. Grewal, __ F. Supp. 3d ___, 2020 WL 4345317, at *19 (D.N.J. July 29,
2020) (questioning the government’s standing as a non-party to raise certain
issues or claims in a notice of interest). If the government objects to this, it must
promptly either file an amended notice explaining that the Attorney General has
authorized the filing of the notice, or withdraw the notice.
The hearing on the motion to dismiss, currently on calendar for Monday,
November 23, 2020, at 11:15 a.m. is VACATED, but may be reset if appropriate.
Defendants may separately address the government’s arguments in their reply
memorandum. The page limit for their reply is extended to 15 pages, and the reply
brief should be filed by November 30, 2020. If Defendants have already filed a
reply brief by the time this order is docketed, they may file an amended brief subject
to the terms of this order.
IT IS SO ORDERED.
Dated: November 16, 2020
Honorable Larry Alan Burns
Chief United States District Judge
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