Beck v. Camp Pendleton and Quantico Housing LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JASON BECK, et al. Case No.: 20cv579-LAB (WVG) 12 Plaintiffs, ORDER PROPOSING TO TREAT 13 v. GOVERNMENT’S NOTICE AS MOTION FOR LEAVE TO 14 CAMP PENDLETON & INTERVENE; AND QUANTICO HOUSING LLC, et al. 15 Defendants. ORDER VACATING HEARING 16 17 18 19 Defendants filed a motion to dismiss, claiming derivative immunity under 20 Yearsley v. W. A. Ross Constr. Co., 309 U.S. 18 (1940), and its progeny. After 21 Plaintiffs filed their opposition, the United States filed a notice of statement of 22 interest, citing 28 U.S.C. § 517. The notice does not merely give the government’s 23 view of the law generally, but urges the Court to deny the motion based on the 24 facts of the case. These include the terms of the operating agreement and the 25 ground lease, to which Defendants and the government are parties. The notice 26 does not say whether the Attorney General authorized the filing, or whether the 27 decision to file the brief was that of the local U.S. Attorney’s office alone. See § 517 28 (providing that “any officer of the Department of Justice may be sent by the 1 || Attorney General” to attend to the interests of the United States in a case pending 2 ||in federal court). 3 The Court proposes to treat the motion, in part, as a motion for leave to 4 ||/intervene as to the issue raised, which it would be inclined to grant. See County □□ 5 || Ocean v. Grewal, __ F. Supp. 3d ___, 2020 WL 4345317, at *19 (D.N.J. July 29, 6 ||2020) (questioning the government’s standing as a non-party to raise certain 7 ||issues or claims in a notice of interest). If the government objects to this, it must 8 ||promptly either file an amended notice explaining that the Attorney General has 9 || authorized the filing of the notice, or withdraw the notice. 10 The hearing on the motion to dismiss, currently on calendar for Monday, 11 November 23, 2020, at 11:30 a.m. is VACATED, but may be reset if appropriate. 12 ||Defendants may separately address the government's arguments in their reply 13 memorandum. The page limit for their reply is extended to 15 pages, and the reply 14 should be filed by November 30, 2020. If Defendants have already filed a 15 reply brief by the time this order is docketed, they may file an amended brief subject 16 ||/to the terms of this order. 17 18 IT IS SO ORDERED. 19 ||Dated: November 16, 2020 20 Cau A Cammy 21 Honorable Larry Alan Burns 29 Chief United States District Judge 23 24 25 26 27 28