Safari Club International v. Harris et al

Filing 25

ORDER signed by Judge Garland E. Burrell, Jr on 1/13/15: Motion for leave to file an amicus brief is GRANTED # 18 . HEARING as to # 15 Motion to Dismiss RESET for 2/17/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAFARI CLUB INTERNATIONAL,

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Plaintiff,

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No. 2:14-cv-01856-GEB-AC

v.

ORDER GRANTING AMICI’S MOTION
FOR LEAVE TO FILE AN AMICUS
CURIAE BRIEF

KAMALA D. HARRIS, in her
official capacity as the
Attorney General of
California,
Defendant.

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The Humane Society of the United States and The Fund

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for Animals (collectively “Amici”) seek leave to file an amicus

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curiae

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Plaintiff‟s Complaint. Plaintiff seeks an injunction preventing

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enforcement

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transportation, and possession of mountain lions hunted outside

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of California.” (Compl. ¶ 1, ECF No. 2.)

brief

in

of

support

of

Defendant‟s

“California‟s

ban

on

Motion

the

to

Dismiss

importation,

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Plaintiff opposes Amici‟s leave request, arguing that

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Amici‟s proposed brief is “irrelevant[,]. . . inappropriate” and

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prejudicial since granting the motion will have a negative impact

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on

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motion. (Pl.‟s Opp‟n Humane Society of the United States Mot.

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Leave File Amicus Curiae Brief (“Opp‟n”) 7:6, ECF No. 21.)

the

briefing

and

hearing

on

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Defendant‟s

pending

dismissal

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“The district court has broad discretion to appoint

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amici curiae.” Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir.

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1982)

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McGinness, 559 Fed. App‟x 635, 635 (9th Cir. 2014). “District

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courts

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concerning legal issues that have potential ramifications beyond

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the

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information or perspective that can help the court beyond the

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help that the lawyers for the parties are able to provide.‟” NGV

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Gaming, Ltd. v. Upstream Point Molate, LLC, 335 F. Supp., 2d

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1016, 1067 (N.D. Cal. 2005) (quotation omitted). “Even when a

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party is very well represented, an amicus may provide important

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assistance to the court.” Jamul Action Comm. v. Stevens, No.

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2:13-cv-01920-KJM-KJN, 2014 WL 3853148, at *5 (E.D. Cal. Aug. 5,

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2014) (quotation omitted).

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Amici‟s

abrogation

on

frequently

parties

other

welcome

directly

that

grounds

is

amicus

involved

proposed
not

recognized

or

brief
part

of

briefs

if

the

(ECF

by

from

amicus

No.

Defendant‟s

Rainwater

v.

nonparties

has

18-2)

„unique

contains

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information

motion,

and

a

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continuance of the scheduled dismissal motion can accommodate

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Plaintiff‟s concerns regarding the timing of the motion.

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Therefore, Amici‟s motion for leave to file an amicus

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brief is GRANTED and the hearing on Defendant‟s motion to dismiss

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scheduled for argument on February 2, 2015 is rescheduled to

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commence at 9:00 a.m. on February 17, 2015.

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Dated:

January 13, 2015

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