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Motion to Intervene: U.S. v. HRB Digital LLC and HRB Tax Group, Inc.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS



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NATIONAL FEDERATION OF THE
BLIND, on behalf of its members and 
itself; and MIKA PYYHKALA and 
LINDSAY YAZZOLINO, on behalf of 
themselves and all other similarly situated, 

Plaintiffs,

v. 


HRB DIGITAL LLC and 
HRB TAX GROUP, INC., 

Defendants.


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UNITED STATES OF AMERICA, 

Plaintiff-Intervenor,

v.

HRB DIGITAL LLC, and
HRB TAX GROUP, INC.,

Defendants.

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Civil Action No. 1:13-cv-10799-GAO


MOTION OF THE UNITED STATES OF AMERICA TO INTERVENE
The United States of America, by and through its attorneys, Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division, and Carmen M. Ortiz, United States Attorney for the District of Massachusetts, United States Department of Justice, respectfully moves to intervene as of right in this action, pursuant to Federal Rules of Civil Procedure 24, because it has a significant protectable interest in enforcing the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Fed. R. Civ. P. 24(a). Alternatively, the United States requests permission to intervene because its claims against Block have questions of law and fact in common with the above-captioned case and because the main action involves the interpretation of a statute that the Attorney General is entrusted by Congress to administer. Fed. R. Civ. P. 24(b)(1), (2). For the reasons cited in the attached Memorandum in Support, the United States respectfully requests that this Court grant this Motion and permit the United States to intervene in this matter.


                  Respectfully submitted,








CARMEN M. ORTIZ
United States Attorney
District of Massachusetts








/s/ Stephen P. Heymann
STEPHEN P. HEYMANN
Assistant United States Attorney
United States Attorney's Office
U.S. Department of Justice
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3100
Stephen.Heymann at usdoj.gov
ATTORNEY TO BE NOTICED



Dated: November 25, 2013
PLAINTIFF
United States of America 

By its attorneys: 

JOCELYN SAMUELS
Acting Assistant Attorney General
BECKY L. MONROE
Senior Counselor to the Assistant Attorney General
Civil Rights Division 

REBECCA B. BOND, Chief
SHEILA M. FORAN, Special Legal Counsel
AMANDA MAISELS, Acting Deputy Chief
Disability Rights Section 


/s/ William F. Lynch_______________
EUGENIA ESCH, Trial Attorney
WILLIAM F. LYNCH, Trial Attorney
JOSHUA MENDELSOHN, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. – NYA
Washington, D.C. 20530
(202) 305-2008 (Lynch)
(202) 305-9775 (Fax)
Eugenia.Esch at usdoj.gov
William.Lynch at usdoj.gov
Josh.Mendelsohn at usdoj.gov
ATTORNEYS TO BE NOTICED

CERTIFICATE PURSUANT TO LR. 7.1(A)(2)
Counsel for the United States has conferred with counsel for the parties. Counsel for Plaintiffs National Federation of the Blind, Lindsay Yazzolino, and Mika Pyyhkala consent to the United States' motion. Counsel for HRB Digital LLC and HRB Tax Group, Inc. has said he will promptly notify the Court and the parties whether he opposes the motion after he reviews the proposed complaint attached as Exhibit A.



Dated: November 25, 2013 /s/ William Lynch
WILLIAM F. LYNCH
Trial Attorney
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing.



Dated: November 25, 2013
/s/ William Lynch
WILLIAM F. LYNCH
Trial Attorney

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