The State of Alabama v. Centers for Medicare and Medicaid Services et al

Filing 51

ORDER directing that the Michigan Department of Community Health's 48 Motion and Brief to Intervene as Amicus Curiae is GRANTED, as further set out. Signed by Hon. Chief Judge Mark E. Fuller on 8/20/10. (scn, )

The State of Alabama v. Centers for Medicare and Medicaid Services et al

Doc. 51

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T H E STATE OF ALABAMA, Plaintiff, v. C E N T E R S FOR MEDICARE & M E D IC A ID SERVICES, et al., D e f e n d a n ts. ) ) ) ) ) CASE NO. 2:08-cv-881-MEF-TFM ) ) (WO - DO NOT PUBLISH) ) ) ) ORDER T h e re is a "bright-line distinction" between named parties and amicus curiae. Wyatt v . Hanan, 868 F. Supp. 1356, 1358 (M.D. Ala. 1994) (inner quotations omitted). This line " c e n te rs around control of the litigation." Id. The named parties control the lawsuit, and the a m ic u s can only respond to the remaining issues presented by the parties. See id. "An a m i c u s cannot initiate, create, extend, or enlarge issues." Id. at 1358­59. "Further, an a m ic u s has no right to appeal or dismiss issues." Id. at 1359. Therefore, with respect to an a m ic u s curiae, the Court "will be vigilant in ensuring that [its] participation is limited to a d d re s s in g the issues before the court and does not rise to the level of taking control of the la w s u it." Id. at 1360. With those considerations in mind, it is hereby O R D E R E D that the Michigan Department of Community Health's Motion and Brief to Intervene as Amicus Curiae (Doc. #48) is GRANTED. D O N E this the 20
th

day of August, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

-1Dockets.Justia.com