State of California v. United States Department of Labor et al

Filing 17

ORDER signed by Judge Kimberly J. Mueller on 1/14/14 GRANTING 10 Motion for Leave to file an amicus curiae brief or briefs. Any amicus brief that ATU decides to file, either in support or opposition to the 9 MOTION to DISMISS must be filed no later than 14 days before the noticed date for hearing. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STATE OF CALIFORNIA, et al.,
Plaintiffs,

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No. 2:13-CV-02069-KJM-DAD

v.

ORDER

UNITED STATES DEPARTMENT OF
LABOR, et al.,
Defendants.

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Amalgamated Transit Union (“ATU”) is an international labor organization that

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acts as the collective bargaining representative of approximately 150,000 employees who work

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for state or local transportation agencies in the United States, including about 12,000

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employees who work for state and local transportation agencies within California. ATU moves

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for leave to file an amicus curiae brief (ECF No. 10) in the above-captioned matter in support

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of defendants’ motion to dismiss, or, in the alternative, for summary judgment (ECF No. 9),

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and an opposition to any dispositive cross-motion(s) filed by plaintiffs. The court notes that

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ATU attempted to confer with counsel for plaintiffs and defendants: defendants “take no

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position” on this motion (ECF No. 10) and plaintiffs have filed a statement of non-opposition

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stating that they “do not oppose” ATU’s request for leave to file an amicus curiae brief (ECF
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No. 15). Because oral argument will not be of material assistance, the court vacates that

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hearing date for the motion for leave to file an amicus brief (ECF No. 10) and decides the

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motion without oral argument. E.D. Cal. L.R. 230(g). For the reasons set forth below, ATU’s

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motion for leave to file an amicus brief is GRANTED.

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Although Federal Rule of Appellate Procedure 29 outlines the manner and

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circumstances in which an amicus brief may be filed in appellate court, the Federal Rules of

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Civil Procedure lack a trial-court counterpart. Nonetheless, the Ninth Circuit has held that “a

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district court has broad discretion in the appointment of amici curiae,” such that an appellate

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court will not reverse absent abuse of discretion. Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th

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Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472, 487 (1995).

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Amicus briefs are “frequently welcome . . . concerning legal issues that have potential

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ramifications beyond the parties directly involved or if the amicus has unique information or

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perspective that can help the court beyond the help that the lawyers for the parties are able to

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provide.” N.G.V. Gaming, Ltd. v. Upstream Point Molate, L.L.C., 355 F. Supp. 2d 1061, 1067

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(N.D. Cal. 2005) (citations and internal quotation marks omitted).

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The touchstone is whether the amicus is “helpful,” and there is no requirement

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“that amici must be totally disinterested.” Hoptowit, 682 F.2d at 1260. However, “in the

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absence of exceptional circumstances, . . . [the court does] not address issues raised only in an

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amicus brief.” Artichoke Joe’s Cal. Grand Casino v. Norton, 353 F.3d 712, 719 n.10 (9th Cir.

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2003) (citing Swan v. Peterson, 6 F.3d 1373, 1383 (9th Cir. 1993)); see also Santiago v.

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Rumsfeld, 425 F.3d 549, 552 n.1 (9th Cir. 2005) (“We follow our general rule in declining to

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address . . . arguments not raised by the parties.”).

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Given the public employment and constitutional issues implicated in the instant

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case, the court finds that this case has “potential ramifications beyond the parties directly

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involved.” N.G.V. Gaming, Ltd., 355 F. Supp. 2d at 1067. Thus, ATU, which represents public

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transportation employees in California and across the nation, is likely to lend a unique

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perspective on these issues. Moreover, ATU represents through its motion that it has itself

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initiated “litigation against transit bodies in federal courts in every circuit seeking to enforce”
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section 13 of the Federal Public Transportation Act, the statutory provision giving rise to

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plaintiffs’ Administrative Procedure Act claims and constitutional challenges. (ECF No. 10, at

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4.) See also Jackson Transit Auth. v. Amalgamated Transit Union, 457 U.S. 15, 16 (1982)

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(“This case presents the issue whether § 13(c) by itself permits a union to sue in federal court

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for alleged violations of an arrangement of this kind or of the collective-bargaining agreement

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between the union and the local government transit authority.”); Amalgamated Transit Union v.

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Brock, 809 F.2d 909, 911 (D.C. Cir. 1987) (“The issue presented here is whether section 13(c)

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permits the Secretary [of Labor] to issue a certification on the condition that such protective

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arrangements will be made at some date in the future.”).

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Therefore, the court concludes ATU’s supplemental briefing may prove helpful

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in adjudicating defendants’ pending motion to dismiss, or, in the alternative, for summary

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judgment. ATU’s motion for leave to file an amicus curiae brief, or briefs (ECF No. 10), is

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GRANTED. Any amicus brief that ATU decides to file, either in support of defendants’

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pending motion to dismiss, or, in the alternative, for summary judgment or in opposition to any

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dispositive motion later filed by plaintiffs, must be filed no later than 14 days before the

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noticed date for hearing and must comply with the applicable Local Rules. See, e.g., E.D. Cal.

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L.R. 133.

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IT IS SO ORDERED.
DATED: January 14, 2014.

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UNITED STATES DISTRICT JUDGE

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