IO Group, Inc. v. Veoh Networks, Inc.

Filing 102

ORDER by Magistrate Judge Howard R. Lloyd denying 87 Motion for Leave to Appear Amici Curiae. (hrllc2, COURT STAFF) (Filed on 8/22/2007)

IO Group, Inc. v. Veoh Networks, Inc.

Doc. 102

Case 5:06-cv-03926-HRL

Document 102

Filed 08/22/2007

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IO GROUP, INC., Plaintiff, v. VEOH NETWORKS, INC., Defendant. / Viacom International, Inc. ("Viacom") and NBC Universal, Inc. ("NBC") move for leave to appear as amici curiae. Specifically, they request permission to file a brief1 and present oral argument on issues raised in the summary judgment motion filed by defendant Veoh Networks, Inc. ("Veoh").2 Plaintiff Io Group, Inc. does not object. However, Veoh opposes the request. Upon consideration of the moving and responding papers, this court denies the motion. "The district court has broad discretion to appoint amici curiae." Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). "District courts frequently welcome amicus briefs from nonparties concerning legal issues that have potential ramifications beyond the parties directly involved or if the amicus has `unique information or perspective that can help the court beyond No. C06-03926 HRL ORDER DENYING MOTION FOR LEAVE TO APPEAR AS AMICI CURIAE [Re: Docket No. 87] *E-FILED: 8.22.2007*

United States District Court

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For the Northern District of California

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Their proposed brief was submitted along with their motion.

The parties have filed cross-motions for summary judgment which are set for hearing on September 4, 2007.
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Dockets.Justia.com

Case 5:06-cv-03926-HRL

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Filed 08/22/2007

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the help that the lawyers for the parties are able to provide.'" NGV Gaming, Ltd. v. Upstream Point Molate, LLC, 335 F. Supp.2d 1061, 1067 (N.D. Cal. 2005) (quoting Cobell v. Norton, 246 F. Supp.2d 59, 62 (D.D.C. 2003)). "However, an amicus curiae is not a party and has no control over the litigation and no right to institute any proceedings in it, nor can it file any pleadings or motions in the case." NGV Gaming, Ltd., 355 F. Supp.2d at 1068. This court recognizes that the would-be amici may well have a legitimate interest in how legal issues raised by Veoh's summary judgment motion are resolved here. Nevertheless, their proposed brief does not appear to provide a "unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide." NGV Gaming, Ltd., 335 F. Supp.2d at 1067 (citations omitted). Accordingly, Viacom/NBC's motion is denied. IT IS SO ORDERED. Dated: August 22, 2007 HOWARD R. LLOYD

United States District Court

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For the Northern District of California

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UNITED STATES MAGISTRATE JUDGE

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Case 5:06-cv-03926-HRL

Document 102

Filed 08/22/2007

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5:06-cv-3926 Notice will be electronically mailed to: Michael S. Elkin [e-mail], [e-mail] Jennifer A. Golinveaux [e-mail], [e-mail], [e-mail], [e-mail] Karin G. Pagnanelli [e-mail], [e-mail] Matthew Alex Scherb [e-mail], [e-mail] Dennis Gill Sperlein [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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