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

Filing 68

ORDER denying #49 Motion for Leave to File Amicus Brief and to Appear Telephonically; denying as moot #67 Motion to Clarify: see Order for details. Signed by Judge Ellen S. Huvelle on October 17, 2017. (lcesh2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

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

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Civil Action No. 16-00745 (ESH)

ORDER
Before the Court are two motions filed by class member Don Kozich. Kozich’s interests
as a class member are adequately represented by plaintiff’s counsel, thus precluding the need for
another amicus brief or appearance by telephone. Ryan v. Commodity Futures Trading Comm’n,
125 F.3d 1062, 1064 (7th Cir. 1997) (“An amicus brief should normally be allowed when a party
is not represented competently or is not represented at all, when the amicus has an interest in
some other case that may be affected by the decision in the present case . . . or when the amicus
has a unique information or perspective that can help the court beyond the help that the lawyers
for the parties are able to provide.”). Nor will the Court permit Mr. Kozich to appear as Amicus
in order to expand the class definition beyond that which this Court has already certified. See Jin
v. Ministry of State Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008) (“District courts have inherent
authority to appoint or deny amici [and] . . . [i]t is solely within the court’s discretion to
determine ‘the fact, extent, and manner’ of the participation.”). For these reasons, it is hereby
ORDERED that movant’s Motion for Leave to File Amicus Curiae Qualifying

Complaint and Settlement and to Appear Telephonically at the Next Relevant Hearing, ECF
No. 49, is DENIED; and it is further
ORDERED that movant’s Motion for Clarification of September 13, 2017 Minute Order
Granting Movants’ Motions for Leave to File Briefs as Amicus Curiae, ECF No. 67, is DENIED
as moot.
/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge
Date: October 17, 2017