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Arizona Attorney General’s Office files motion to intervene in attempt to stop serial litigator

Arizona Attorney General Mark Brnovich. (Courtesy Arizona Attorney General's Office)

Today, the Arizona Attorney General’s Office filed a motion to intervene on behalf of the State in Maricopa County Superior Court Case No: CV 2016-090506 Advocates for Individuals with Disabilities, LLC (“Plaintiff”) vs. 1639 40th Street LLC.

In the filing, the Attorney General’s Office argues the Plaintiff forced the State to intervene as a matter of general public importance given the high volume of lawsuits being filed by the Plaintiff against small businesses in Arizona. To date, more than 1,000 actions have been filed by the Plaintiff.

Plaintiff is circumventing the statutorily proscribed State enforcement process by claiming to “investigate” supposed violations of the federal Americans with Disabilities Act and the AZDA, while in reality apparently engaging in “trolling” litigation tactics designed to induce defendants into quick pre-suit or post-complaint settlement that merely enriches the Plaintiff.

The Attorney General’s Office moves on behalf of the State to intervene as a nominal defendant on this matter for the limited purpose of requesting the more than 1,000 other actions filed by the Plaintiff be consolidated into this action and dismissed on the basis of standing and Rule 11 failings common to these actions.

The Attorney General’s Office expects to promptly file its motion to consolidate and also asks for leave to file standing-related filings upon the Court granting this motion to intervene.

The State takes no position at this time as to whether an ADA or AZDA violation exists in any particular case.

For a copy of the Motion to Intervene, CLICK HERE.

For a copy of the Exhibits, CLICK HERE.

– The Arizona General’s Office.


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