Lawrence Kalbers v. Volkswagen Ag

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LAWRENCE P. KALBERS, No. 20-56316 Plaintiff-Appellee, D.C. No. v. 2:18-cv-08439-

FMO-PJW

UNITED STATES DEPARTMENT OF

JUSTICE,

Defendant, OPINION

v.

VOLKSWAGEN AG, Proposed Intervenor, Movant-Appellant.

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

Argued and Submitted October 21, 2021 Pasadena, California

Filed December 28, 2021

Before: Consuelo M. Callahan, John B. Owens, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Owens SUMMARY *

Intervention / Freedom of Information Act

The panel reversed the district court’s order denying, as untimely, Volkswagen AG’s motion to intervene in a Freedom of Information Act (“FOIA”) lawsuit concerning millions of VW’s documents.

Professor Lawrence Kalbers took an academic interest in the VW “Dieselgate” emissions scandal and submitted a FOIA request to the U.S. Department of Justice (“DOJ”). Kalbers sued DOJ under FOIA to obtain undisclosed documents. VW moved to intervene.

The panel…