JZ et al v. Catalina Foothills School District

Filing 25

ORDERED that non-party ACDL's Motion for Leave to File Amicus Curiae Brief (Doc. 18 ) is DENIED. (See attached Order for complete details) Signed by Senior Judge Raner C Collins on 11/17/2021. (MCO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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JZ, et al.,

No. CV-20-00490-TUC-RCC
Plaintiffs,

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v.

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ORDER

Catalina Foothills School District,

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Defendant.

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Pending before the Court is non-party Arizona Center for Disability Law’s

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(“ACDL”) Motion for Leave to File Amicus Curiae Brief. (Doc. 18.) The Court will deny

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the motion.

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In the absence of a federal statute or rule governing the participation of amici in

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district courts, the court “look[s] to the Federal Rules of Appellate Procedure for

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guidance.” Dible v. City of Chandler, No. CV 03-00249-PHX-JAT, 2004 WL 7336848,

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at *1 (D. Ariz. Dec. 23, 2004). A non-party seeking to file an amicus brief must state

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“(A) the movant’s interest; and (B) the reason why an amicus brief is desirable and why

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the matters asserted are relevant to the disposition of the case.” Fed. R. App. P. 29(a)(3).

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Although a court may grant leave for later filing, a proposed amicus brief and motion

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must be filed “no later than 7 days after the principal brief of the party being supported is

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filed.” Fed. R. App. P. 29(a)(6).

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A court has “broad discretion” when considering whether to permit an amicus

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brief. Council for Endangered Species Act Reliability v. Jackson, No. CV-10-8254-SMM,

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2011 WL 5882192, at *6 (D. Ariz. Nov. 23, 2011); see also Fed. R. App. P. 29(a)(2)

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(“Any other amicus curiae may file a brief only by leave of court . . . .”). The function of

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amici is to aid the court in resolving a matter of public interest, supplement counsel’s

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efforts, and illustrate law that might otherwise fail to be considered. Miller-Wohl Co. v.

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Comm’r of Labor & Indus., 694 F.2d 203, 204 (9th Cir. 1982). Nonetheless, “[t]he vast

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majority of amicus curiae briefs are filed by allies of litigants and duplicate the

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arguments made in the litigants’ briefs, in effect merely extending the length of the

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litigant’s brief. Such amicus briefs should not be allowed.” Long v. Coast Resorts, Inc.,

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49 F. Supp. 2d 1177, 1178 (D. Nev. 1999) (quoting Ryan v. Commodity Futures Trading

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Comm’n, 125 F.3d 1062, 1063 (7th Cir. 1997)).

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Here, ACDL asserts that its unique interest in this case stems from its mission “to

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promote and protect the legal rights of individuals with disabilities to independence,

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justice, and equality.” (Doc. 18 at 3.) ACDL further states that its amicus brief is

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desirable because of its legal expertise in these issues and its insight into the potential far-

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reaching detrimental impact of affirming the ALJ’s decision. (Id. at 4.)

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Plaintiffs filed their Opening Brief on June 6, 2021. (Doc. 17.) With Defendant’s

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Answering Brief due July 12, 2021, ACDL filed its Motion for Leave to File Amicus

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Curiae Brief (Doc. 18) on July 2, 2021. ACDL states that it did not file sooner because it

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was not aware of the litigation. (Id. at 2.) Nonetheless, the fact remains that ACDL did

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not seek to participate in this litigation as amicus within 7 days of Plaintiffs’ Opening

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Brief.

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Moreover, the Court finds that the amicus brief is not necessary. The proposed

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amicus brief repeats Plaintiffs’ primary arguments as to why the ALJ’s findings were in

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error. For example, ACDL echoes Plaintiffs’ claim that the Individuals with Disabilities

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Education Act (IDEA) requires school districts to perform an initial evaluation of a

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student upon a parent’s request and, having completed the evaluation, parents are entitled

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to a publicly-funded independent evaluation unless the district files a due process

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complaint to request a hearing. (Doc. 18-1 at 4.) The Court acknowledges ACDL’s

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expertise in the field. However, while the proposed amicus brief offers additional

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authority and insight into the potential policy consequences of this case, it serves mainly

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to duplicate Plaintiffs’ assertions and does not raise legal arguments of which the Court is

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not already aware based on the parties’ briefs and applicable law. Accordingly, the Court

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exercises its discretion to deny ACDL’s participation as an amicus curiae in this case.

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IT IS HEREBY ORDERED that non-party ACDL’s Motion for Leave to File
Amicus Curiae Brief (Doc. 18) is DENIED.
Dated this 17th day of November, 2021.

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