USA v. Andrew Auernheimer

Filing 34

ECF FILER: Motion filed by Amici Appellants Meridith Patterson, et al. to supplement the appendix. Certificate of Service dated 07/10/2013.--[Edited 07/12/2013 by MS] (ACM)

No. 13-1816

United States of America,
Plaintiff-Appellee,
v.
Andrew Auernheimer,
Defendant-Appellant.

Appeals from the United States District Court for the District of New
Jersey, Case No. 11-CR-470, Judge Susan D. Wigenton

Motion for Leave to File Supplemental Information to Brief of Meredith
Patterson, Brendan O’Connor, Sergey Bratus, Gabriella Coleman,
Peyton Engel, Matthew Green, Dan Hirsch, Dan Kaminsky, Samuel
Liles, Shane MacDougall, Brian Martin, and C. Thomas, and Peiter
Zatko as Amici Curiae Supporting Appellant

Alex Muentz
Adjunct Instructor
Department of Criminal Justice
Gladfelter Hall, 5th floor
Temple University
1115 Polett Walk
Philadelphia PA 19122
[phone]

The amici curiae, Meredith Patterson, Brendan O’Connor, Sergey
Bratus, Gabriella Coleman, Peyton Engel, Matthew Green, Dan Hirsch,
Dan Kaminsky, Samuel Liles, Shane MacDougall, Brian Martin, and C.
Thomas, and Peiter Zatko, through their attorney, Alex Muentz,
humbly move this court to allow the filing of the Appendix to their Brief
of Amici Curiae, which contains supplemental information that they
believe would assist the Court in understanding the importance of the
above-captioned case to the security research community, of which the
amici are a part. In support of this motion, the amici state the following
facts:
1. The two parties to this litigation consented to the filing of this brief
of amici curiae, in accord with Fed. R. App. P. 29(a), before it was
filed with this court. The United States consented through Mark
Coyne, Chief, Appeals Division, and Mr. Auernheimer consented
through Tor Ekeland, counsel for the defendant.
2. The amici filed their brief on Monday, July 8, 2013, through the CM/
ECF system, through which all parties have consented to receive
service, and promptly submitted the seven written copies required by
this Court’s Local Appellate Rule 31.1 to the Court.

3. The amici are professional security researchers who work in
government, academia, and private industry; they represent a broad
swath of knowledge, and more than two centuries of experience. To
aid the Court in understanding their background, they created the
Appendix filed with their brief, containing their curricula vitae, for
the Court’s reference as supplemental information.
4. In addition to including the Appendix in the electronic submission
through CM/ECF, the amici included a copy of the Appendix in each
bound paper copy of the brief; the Appendix is not of a length that
requires separate binding. As such, the amici have already delivered
to this Court more than the four required copies of the Appendix;
granting this motion will not require the filing of any additional
documents either electronically or in hard copy.

WHEREFORE, for the foregoing reasons, the amici move this Court to
allow the filing of the Appendix as supplemental information.

Respectfully submitted this 10th day of July, 2013,

________________________

Alexander Charles Muentz
Attorney for Amici