Kalbers

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LAWRENCE P. KALBERS, No. 24-1048 D.C. No. Plaintiff - Appellee, 2:18-cv-08439-

FMO-PJW

v.

DOJ - UNITED STATES

DEPARTMENT OF JUSTICE, OPINION

Defendant,

VOLKSWAGEN AG,

Intervenor-Defendant, Appellant.

LAWRENCE P. KALBERS, No. 24-1477 D.C. No. Plaintiff - Appellee, 2:18-cv-08439-

FMO-PJW

v.

DOJ - UNITED STATES

DEPARTMENT OF JUSTICE,

Defendant - Appellant, VOLKSWAGEN AG,

Intervenor-Defendant.

Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding

Argued and Submitted May 16, 2025 Pasadena, California

Filed January 30, 2026

Before: Milan D. Smith, Jr.* and Ryan D. Nelson, Circuit Judges, and David A. Ezra, District Judge.**

Opinion by Judge R. Nelson

* This case was submitted to a panel that included Judge Ikuta. Following Judge Ikuta’s death, Judge M. Smith was drawn by lot to replace her. See Ninth Cir. Gen. Order 3.2.h. Judge M. Smith has read the briefs, reviewed the record, and listened to oral argument. ** The Honorable David A. Ezra, United States District Judge…