State of California et al v. Trump et al

Filing 230

Consent MOTION for Leave to File Amicus Curiae Brief In Support of Plaintiffs Motion for Partial Summary Judgment filed by Iraq and Afghanistan Veterans of America. (Attachments: # 1 Amicus Brief, # 2 Proposed Order)(Conrad, Mark) (Filed on 10/21/2019)

1 MARK R. CONRAD (CA Bar No. 255667)
WILLIAM J. COOPER (CA Bar No. 304524)
2 COURTNEY C. AASEN (CA Bar No. 307404)
CONRAD & METLITZKY LLP
3 Four Embarcadero Center, Suite 1400
San Francisco, CA 94111
4 Tel: [phone]
Fax: [phone]
5 Email: [e-mail]
Email: [e-mail]
6 Email: [e-mail]
7 LINDSAY L. RODMAN (pro hac vice forthcoming)
IRAQ AND AFGHANISTAN VETERANS OF AMERICA
8 85 Broad Street
New York, NY 10004
9 212-982-9699
[e-mail]
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Attorneys for Iraq and Afghanistan Veterans of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Plaintiffs,

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CASE NO. 4:19-cv-00872-HSG

STATE OF CALIFORNIA, et al.,

v.
DONALD J. TRUMP, in his official capacity
as President of the United States of America,
et al.,
Defendants.

CONSENT MOTION OF IRAQ AND
AFGHANISTAN VETERANS OF AMERICA FOR
LEAVE TO FILE AMICUS CURIAE BRIEF IN
SUPPORT OF PLAINTIFFS’ MOTION FOR
PARTIAL SUMMARY JUDGMENT
Summary Judgment Hearing: Nov. 20, 2019
Time:
10:00 a.m.

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MOTION OF IAVA FOR LEAVE TO FILE AMICUS CURIAE BRIEF

1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD
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Iraq and Afghanistan Veterans of America hereby moves for permission to file an amicus curiae

3 brief in support of Plaintiffs’ motion for summary judgment. Counsel for Plaintiffs and Defendants have
4 consented to the filing of this brief. A copy of the proposed brief and a proposed order are attached to
5 this motion.
STATEMENT OF INTEREST

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Iraq and Afghanistan Veterans of America (“IAVA”) submits this brief as amicus on behalf of

8 Plaintiffs. IAVA is the leading non-profit devoted to the interests of the post-9/11 generation of
9 veterans, with 425,000 members comprising mostly veterans of the wars in Iraq and Afghanistan,
10 including service members still on active duty. IAVA’s membership also includes military spouses and
11 dependents, and veterans who served domestically or during other conflicts.
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IAVA’s membership is diverse and represents the full spectrum of political persuasions. IAVA

13 will not opine about the merits of the national policy to build a border wall, the existence of a national
14 emergency, or the constitutionality of the President’s declaration. Instead, IAVA writes to provide its
15 unique perspective on the impact of the President’s decision to divert funding from much-needed
16 military construction projects. This decision will endanger the wellbeing of currently serving military
17 members and their families and diminish their quality of life. For that reason, IAVA opposes the
18 diversion of military construction funding to the border.
ARGUMENT

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District courts have broad discretion to accept amicus briefs and “have ‘exercised great

21 liberality’” in doing so. Cal. ex rel. Becerra v. U.S. Dep’t of the Interior, 381 F. Supp. 3d 1153, 1164
22 (N.D. Cal. 2019) (quoting Woodfin Suite Hotels, LLC v. City of Emeryville, No. C 06-1254 SBA, 2007
23 WL 81911, at *3 (N.D. Cal. Jan. 9, 2007)). Amicus briefs from parties concerning “issues that have
24 potential ramifications beyond the parties involved,” or that offer “unique information or perspective
25 that can help the court beyond the help that the lawyers for the parties are able to provide,” are
26 particularly “welcome.” NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 355 F. Supp. 2d 1061,
27 1067 (N.D. Cal. 2005). A group that wishes to appear as an amicus need not establish any “strict
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NO. 4:19-cv-00872-HSG

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MOTION OF IAVA FOR LEAVE TO FILE AMICUS CURIAE BRIEF

1 prerequisites,” but instead “merely make a showing that [its] participation is useful or otherwise
2 desirable.” Cal ex. rel. Becerra, 381 F. Supp. 3d at 1164.
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Here, this Court would benefit from hearing IAVA’s unique perspective on how the planned

4 diversion of military construction funds to build a border wall will impact active-duty servicemembers
5 and military families. That perspective gives context for the consequences of this Court’s rulings on the
6 legal questions at issue. The parties are not in a position to explain the consequences for
7 servicemembers or their families—and those harms to Americans who have already sacrificed so much
8 for their country should not be ignored. IAVA participated as amicus in a different case involving the
9 planned diversion of funds but before the announcement of specific projects slated to be deferred. See
10 Brief of Iraq and Afghanistan Veterans of America as Amicus Curiae, El Paso County v. Donald J.
11 Trump, No. 3:19-cv-66-DB (W.D. Tex. filed May 3, 2019), ECF 61-1. Now that those projects have
12 been announced, and the consequences for the military made concrete, IAVA’s perspective will be all
13 the more helpful to this Court.
CONCLUSION

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The Court should grant leave for IAVA to file the attached brief as amicus curiae.

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DATED: October 21, 2019

Respectfully submitted,
IRAQ AND AFGHANISTAN VETERANS OF
AMERICA

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/s/ Lindsay R. Rodman
LINDSAY L. RODMAN*
*pro hac vice forthcoming
Attorney for Amicus Curiae IAVA

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CONRAD & METLITZKY LLP
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/s/ Mark R. Conrad
MARK R. CONRAD
WILLIAM J. COOPER
COURTNEY C. AASEN
Local Counsel for Amicus Curiae IAVA

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MOTION OF IAVA FOR LEAVE TO FILE AMICUS CURIAE BRIEF

CERTIFICATE OF SERVICE

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I hereby certify that on October 21, 2019, I caused the foregoing document to be filed via the

3 CM/ECF system for the U.S. District Court for the Northern District of California, causing it to be
4 served on all counsel of record.
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Dated: October 21, 2019

/s/ Mark R. Conrad
Mark R. Conrad

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MOTION OF IAVA FOR LEAVE TO FILE AMICUS CURIAE BRIEF