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Behring Lawsuit Update – USCIS’ Opposition to IIUSA’s Motion to Intervene

On Tuesday, June 21 evening, USCIS filed an Opposition to IIUSA’s Motion to Intervene (“Opposition”). The Defendants argue that IIUSA failed to establish intervention is appropriate either as of right under Federal Rule of Civil Procedure 24(a) or permissively under Rule 24(b), because IIUSA has failed to demonstrate that:

 

1. its motion to intervene is timely;

 

2. its ability to protect its interest would be impaired – IIUSA’s participation in the D.C. lawsuit and this case shows that it is not restricted to only this forum or this case to protect its interests;

 

3. its interests would be inadequately represented by the Plaintiff in this matter; and

 

4. its intervention would not cause prejudice to the existing parties.