Clover

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JASON CLOVER, et al. Case No.: 20cv567-LAB (WVG)

Plaintiffs,

ORDER PROPOSING TO TREAT

v. GOVERNMENT’S NOTICE AS

MOTION FOR LEAVE TO

CAMP PENDLETON &

INTERVENE; AND

QUANTICO HOUSING LLC, et al. 15 Defendants. ORDER VACATING HEARING

18 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.…