Annex Medical, Inc. et al v. Sebelius et al

Filing 31

ORDER granting in part 20 Motion to Appear as Amicus Curiae (Written Opinion). Signed by Senior Judge David S. Doty on 12/27/2012. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 12-2804(DSD/SER)
ANNEX MEDICAL, INC., STUART
LIND and TOM JANAS,
Plaintiffs,
ORDER

v.
KATHLEEN SEBELIUS, in her official
capacity as Secretary of the United
States Department of Health and
Human Services; HILDA SOLIS, in her
official capacity as Secretary of
the United States Department of Labor;
TIMOTHY GEITHNER, in his official
capacity as Secretary of the United States
Department of the Treasury; UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES;
UNITED STATES DEPARTMENT OF LABOR;
and UNITED STATES DEPARTMENT OF THE
TREASURY,
Defendants.

This matter is before the court upon the motion by the
American Civil Liberties Union and the American Civil Liberties
Union of Minnesota (collectively, ACLU) for leave to file amicus
curiae

in

opposition

to

plaintiffs’

motion

for

preliminary

injunction and for leave to appear at oral argument. “The district
court has broad discretion to appoint amici curiae.”

Hoptowit v.

Ray, 682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other
grounds by Sandin v. Conner, 515 U.S. 472 (1995).

“The usual

rationale for amicus curiae submissions is that they are of aid to
the court and offer insights not available from the parties.”
Auto. Club of N.Y., Inc. v. Port Auth. of N.Y. & N.J., No. 11 Civ.

6746, 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011) (citation
omitted).

Given the complex nature of First Amendment challenges,

the court finds that appointing the ACLU will aid in disposition of
the motion for preliminary injunction.

Accordingly, IT IS HEREBY

ORDERED that:
1.

The ACLU’s motion to appear as amicus curiae [ECF No. 20]

is granted in part;
2.

The ACLU’s motion is granted only for the purpose of

disposition of the motion for preliminary injunction; and
3.

One hour has been allocated for oral argument on the

motion for preliminary injunction.

Counsel for plaintiffs shall

receive thirty minutes for oral argument.

Counsel for defendants

and the ACLU collectively shall receive thirty minutes for oral
argument, to be allocated at their discretion.
Dated:

December 27, 2012
s/David S. Doty
David S. Doty, Judge
United States District Court

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