NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 56

MOTION for Leave to File Amicus Curiae Brief by JOSEPH I. LIEBERMAN (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Text of Proposed Order)(Bailen, Mark)

Case 1:16-cv-00745-ESH Document 56 Filed 09/05/17 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,
Plaintiffs,
v.
Civil Action No. 16-745 (ESH)
UNITED STATES OF AMERICA,
Defendant.

MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF AND [PROPOSED] AMICI
CURIAE BRIEF OF SENATOR JOSEPH LIEBERMAN AND CONGRESSMAN
DARRELL ISSA IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY
JUDGMENT AS TO LIABILITY

Of counsel:
Michael K. Farrell
Michael D. Meuti
BakerHostetler LLP
Key Tower
127 Public Square, Suite 2000
Cleveland, OH 44114-1214
Telephone: [phone]
[e-mail]
[e-mail]

Mark I. Bailen (D.C. Bar No. 459623)
BakerHostetler LLP
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304
Telephone: [phone]
[e-mail]

Counsel for Amici Curiae Senator Joseph I. Lieberman an
Congressman Darrell Issa

Case 1:16-cv-00745-ESH Document 56 Filed 09/05/17 Page 2 of 4

INTRODUCTION
Pursuant to Local Civ. Rule 7(o)(1)–(2), Senator Joseph Lieberman and Congressman
Darrell Issa respectfully move for leave to file the attached brief in support of Plaintiffs’ Motion
For Summary Judgment as amici curiae in the above captioned case. Plaintiffs consent to the
filing of this brief. The undersigned sought the consent of defendant to this motion, but as of the
filing of this motion, have received no response to that inquiry.
ARGUMENT
Senator Lieberman and Congressman Issa can provide unique and useful
information and perspective to the Court.
District courts have inherent authority to allow participation as amicus curiae. Jin v.
Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) (quoting Smith v. Chrysler Fin.
Co., L.L.C., No. Civ.A. 00-6003(DMC), 2003 WL 328719, at *8 (D.N.J. Jan. 15, 2003)). And,
the Court has broad discretion in deciding whether to grant a third party leave to file an amicus
curiae brief. Nat’l Ass’n of Home Builders v. U.S. Army Corps of Eng’rs, 519 F. Supp. 2d 89, 93
(D.D.C. 2007).
“Generally, ‘a court may grant leave to appear as an amicus if the information offered is
timely and useful.’” Ellsworth Assocs., Inc. v. United States, 917 F. Supp. 841, 846 (D.D.C.
1996) (quoting Waste Mgmt. of Pa., Inc. v. City of New York, 162 F.R.D. 34, 36 (M.D. Pa. 1995)
(internal quotation omitted)). An amicus brief should be allowed “‘when the amicus has unique
information or perspective that can help the court beyond the help that the lawyers for the parties
are able to provide.’” Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003) (quoting Ryan v.
CFTC, 125 F.3d 1062, 1063 (7th Cir. 1997)).
As the then-Chairman of the United States Senate Committee on Homeland Security and
Governmental Affairs and sponsor of the legislation here at issue, the E-Government Act of 2002,
611256347.3 

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Case 1:16-cv-00745-ESH Document 56 Filed 09/05/17 Page 3 of 4

Senator Lieberman has a unique perspective and strong interest in seeing that Act enforced as it
was intended. As Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property,
and the Internet, Congressman Issa has examined PACER fees.

He also co-founded the

Congressional Transparency Caucus and the OpenGov Foundation, an apolitical 501(c)(3), which
supports free software solutions that help citizens access government information. Both Senator
Lieberman and Congressman Issa can assist the Court with understanding the Congressional intent
behind the Act.
CONCLUSION
For the foregoing reasons, Senator Lieberman and Congressman Issa respectfully request
that their motion for leave to file the accompanying brief be granted.
Dated: September 5, 2017
/s/ Mark I. Bailen
Mark I. Bailen (D.C. Bar No. 459623)
BakerHostetler LLP
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304
Telephone: [phone]
[e-mail]
Of counsel:
Michael K. Farrell
Michael D. Meuti
BakerHostetler LLP
Key Tower
127 Public Square, Suite 2000
Cleveland, OH 44114-1214
Telephone: [phone]
[e-mail]
[e-mail]
Counsel for Amici Curiae Senator Joseph
Lieberman and Congressman Darrell Issa

611256347.3 

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Case 1:16-cv-00745-ESH Document 56 Filed 09/05/17 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on September 5, 2017, I electronically filed the foregoing document
with United States Court for the District of Columbia by using the CM/ECF system. I understand
that notice and service of this filing to counsel of record for the parties has been made through
the CM/ECF system.
Dated: September 5, 2017
/s/ Mark I. Bailen
Counsel for Amici Curiae Senator Joseph
Lieberman and Congressman Darrell Issa

611256347.3 

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