Order on Motion for Leave to File, State of Washington v. DeVos (later v. Cardona), No. 2:20-cv-00182 (E.D. Wash.), Doc. 30 (June 12, 2020)

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Order Denying Amici Curiae Brief in State of Washington v. Betsy DeVos, in her official capacity as Secretary of the United States Department of Education, and United States Department of Education, No. 2:20-CV-0182-TOR, U.S. District Court for the Eastern District of Washington, dated June 12, 2020. It addresses the Counties and Cities' Motion for Leave to File Brief of Amici Curiae (ECF No. 26), submitted for consideration without oral argument. The Court states that the prospective amici's brief offers no additional legal or other substantive information or perspective not already represented to the Court. It denies the motion and directs the District Court Executive to provide copies to counsel and counsel for the proposed amici parties.

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1                                                                           FILED IN THE
                                                                        U.S. DISTRICT COURT
                                                                  EASTERN DISTRICT OF WASHINGTON


2
                                                                   Jun 12, 2020
                                                                       SEAN F. MCAVOY, CLERK
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5                          UNITED STATES DISTRICT COURT
                         EASTERN DISTRICT OF WASHINGTON
6

7     STATE OF WASHINGTON,
                                                      NO: 2:20-CV-0182-TOR
8                               Plaintiff,
                                                      ORDER DENYING AMICI CURIAE
9           v.                                        BRIEF

10    BETSY DeVOS, in her official
      capacity as Secretary of the United
11    States Department of Education, and
      UNITED STATES DEPARTMENT
12    OF EDUCATION, a federal agency,

13                              Defendants.

14

15         BEFORE THE COURT is the 16 Counties and Cities’ Motion for Leave to

16   File Brief of Amici Curiae. ECF No. 26. This matter was submitted for

17   consideration without oral argument. The Court has reviewed the briefing and the

18   record and files herein and is fully informed.

19   //

20   //




     ORDER DENYING AMICI CURIAE BRIEF ~ 1
1                                        DISCUSSION

2          The Court has broad discretion to grant or refuse a prospective amicus

3    participation. See Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982),

4    abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995). Amicus

5    may be either impartial individuals or interested parties. See Funbus Sys., Inc. v.

6    Cal. Pub. Utils. Comm’n, 801 F.2d 1120, 1125 (9th Cir. 1986). In deciding

7    whether to grant leave to file an amicus brief, courts should consider whether the

8    briefing “supplement[s] the efforts of counsel, and draw[s] the court’s attention to

9    law that escaped consideration.” Miller-Wohl Co., Inc. v. Comm’r of Labor &

10   Indus. Mont., 694 F.2d 203, 204 (9th Cir. 1982). “An amicus brief should

11   normally be allowed when . . . the amicus has an interest in some other case that

12   may be affected by the decision in the present case, or when the amicus has unique

13   information or perspective that can help the court beyond the help that the lawyers

14   for the parties are able to provide. . . . Otherwise, leave to file an amicus curiae

15   brief should be denied.” Cmty. Ass'n for Restoration of Env't (CARE) v. DeRuyter

16   Bros. Dairy, 54 F. Supp. 2d 974, 975 (E.D. Wash. 1999) (internal citations

17   omitted).

18         Prospective amici’s brief offers no additional legal or other substantive

19   information or perspective that has not already been represented to the Court in this

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     ORDER DENYING AMICI CURIAE BRIEF ~ 2
1    litigation or that is particularly helpful to this Court’s pending determination.

2    Therefore, the motion for leave to file an amici brief is DENIED.

3          ACCORDINGLY, IT IS HEREBY ORDERED:

4          16 Counties and Cities’ Motion for Leave to File Brief of Amici Curiae,

5    ECF No. 26, is DENIED.

6          The District Court Executive is hereby directed to enter this Order and

7    provide copies to counsel and counsel for the proposed amici parties.

8          DATED June 12, 2020.

9

10                                   THOMAS O. RICE
                              Chief United States District Judge
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     ORDER DENYING AMICI CURIAE BRIEF ~ 3


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