Again, the United States received no response. In its letter, the United States advised the District that it would be moving to intervene in this action. See Exhibit C, attached hereto. The United States moved to intervene as a plaintiff, joining on the ADA claims, a statute which the Attorney General is authorized to enforce. The United States decided to intervene in this action rather than filing a separate action to avoid needlessly duplicative litigation before the court.
Plaintiffs support the United States' intervention while the District opposes it.
The United States Satisfies Requirements for Permissive Intervention. A review of the United States' proposed complaint in intervention, attached to the United States' Motion to Intervene, shows that resolution of the United States' complaint and plaintiffs' claims will turn on common questions of law and fact. Further, the United States' motion to intervene is timely. Further, the case is not far advanced, with discovery being in its early stages. No depositions have been taken.