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KALBERS v. U.S. DEPT. OF JUSTICE

No. 20-56316.

22 F.4th 816 (2021)

Lawrence P. KALBERS, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant, v. Volkswagen AG, Proposed Intervenor, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2021.

Attorney(s) appearing for the Case

Robert J. Giuffra, Jr. (argued), Sharon L. Nelles , Suhana S. Han , and Andrew J. Finn , Sullivan & Cromwell LLP, New York, New York; Laura Kabler Oswell , Sullivan & Cromwell LLP, Palo Alto, California; for Movant-Appellant.

Daniel Jacobs (argued) and Robert A. Rabbat , Enenstein Pham & Glass, Los Angeles, California, for Plaintiff-Appellee.

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

OPINION

Proposed Intervenor-Appellant Volkswagen AG ("VW") appeals from the district court's order denying its motion to intervene in this Freedom of Information Act ("FOIA") lawsuit concerning millions of VW's documents. We reverse and remand.

I. BACKGROUND

A. The Emissions Scandal and Investigation...

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