CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA v. SERVIN et al

Filing 18

MOTION for Leave to File as Amicus Curiae by PUBLIC CITIZEN (Attachments: # 1 Text of Proposed Order)(znmw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
CHAMBER OF COMMERCE OF THE
UNITED STATES OF AMERICA,
Plaintiff,
v.
JACQUES SERVIN, et al.
Defendants.

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Case No. 09-CV-02014-RWR

UNOPPOSED MOTION OF PUBLIC CITIZEN FOR LEAVE TO FILE A
MEMORANDUM AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS’
MOTION TO DISMISS
Public Citizen hereby moves this Court for leave to file a memorandum as amicus
curiae in support of defendants’ motion to dismiss, in accordance with the briefing
schedule set forth in the accompanying joint motion.
Pursuant to Local Civil Rule 7(m), counsel for proposed amicus curiae has
discussed this motion with counsel for all parties. Counsel for both Plaintiff and
Defendants have consented to the filing of this motion and the proposed amicus curiae
memorandum. Cf. Fed. R. App. P. 29(a).
Public Citizen is a national public-interest organization based in Washington,
D.C. Since its founding in 1971, Public Citizen has advocated for protections for citizens
who speak out against governments and corporations. Along with its efforts to encourage
public participation, Public Citizen has brought and defended many cases involving the
First Amendment rights of citizens who participate in public debates. For the past decade,
Public Citizen has observed an increasing number of companies using litigation to
prevent ordinary citizens from using the Internet to express their opinions about those
companies’ products and services. In Public Citizen’s experience, companies often sue or

threaten to sue without a substantial legal basis, hoping to silence their critics through the
threat of ruinous litigation. Public Citizen lawyers have represented Internet speakers
who have been sued for publicly criticizing companies online and have successfully
argued motions to dismiss based on the First Amendment rights of the speaker.
Accordingly, Public Citizen requests that this Court grant leave to file a
memorandum in support of defendants’ motion to dismiss.
Respectfully submitted,
/s/ Deepak Gupta
/s/ Gregory A. Beck
Deepak Gupta (DC Bar # 495451)
Gregory A. Beck (DC Bar # 494479)
Public Citizen Litigation Group
1600 20th Street NW
Washington, DC 20009
Tel. [phone]
Fax. [phone]
Email: [e-mail]
[e-mail]
Counsel for Public Citizen
Dated: January 14, 2010