Judge Rejects DOJ Motion to Intervene in T-Mobile/Sprint as 'Untimely'

Glenn Pomerantz. The judge denied the motion from the bench at U.S. District Court for the Southern District of New York in New York City Thursday. Justice said there's a conflict of interest because Pomerantz represented the U.S. in litigation over the failed AT&T/T-Mobile. Lehrburger said DOJ knew about Pomerantz since April but didn’t come to court until Nov. 8. It “could have and should have moved earlier,” he said: If allowed to intervene two weeks before trial, and the attorney were disqualified, there would be “extreme prejudice” to plaintiffs because they would have to scramble to get a new representative up to speed. The department argued that since it settled with the carriers, DOJ's an adverse party to the states that its former attorney Pomerantz now represents. Lehrburger noted defendants say they don't object to Pomerantz because their priority is going to trial quickly, and he's "not sure there's taint if the defendants aren't challenging it." The U.S. didn't convince the judge the government would suffer much harm from Pomerantz's knowing possibly sensitive U.S. information, Lehrburger said.