Mears, et al v. Atlantic Southeast Airlines, Inc. (ASA) et al

Filing 50

ORDER granting 44 MOTION for Leave to File in Paper Form, MOTION to Intervene, MOTION for Leave to Appear for a Limited Purpose and MOTION for Leave to File an Amicus Brief. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 10/29/2013. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:12-CV-613-F

SUSAN MEARS, et al.,
Plaintiffs
v.

ATLANTIC SOUTHEAST AIRLINES,
INC., et al.,
Defendants.

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ORDER

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This matter is before the court on proposed amicus Air Line Pilots Association
International's Motion to Intervene and Appear for a Limited Purpose, for Leave to File in Paper
Form, and for Leave to File an Amicus Brief[DE-44]. ALPA requests leave to file an amicus
brief and participate in any hearings on the defendants' motion for a protective order. ALP A also
requests that the court waive the local rule requiring association of local counsel. For the reasons
explained below, the motion is ALLOWED.
The Air Line Pilots Association ("ALPA") is a labor organization representing airline
pilots, including all pilots employed by defendant Atlantic Southeast Airlines (ASA). The
ALP A's mission includes advocating non-disclosure of confidential airline safety reports. The
ALP A seeks leave to file an amicus brief in support of ASA' s motion for a protective order [DE41], in which ASA requests a court order prohibiting disclosure of certain safety reports to the
plaintiffs. Plaintiffs do not oppose the request to file the amicus brief.

District courts have broad discretion to allow a non-party's participation as amicus curiae.
Tafas v. Dudas, 511 F. Supp. 2d 652, 659 (E.D. Va. 2007). At the trial level, amici have been
allowed where "'they provide helpful analysis of the law, they have a special interest in the
subject matter of the suit, or existing counsel is in need of assistance."' I d. (quoting Bryant v.
Better Business Bureau, 923 F. Supp. 720, 727 (D. Md. 1996)).
In light of plaintiffs consent to the proposed amicus's participation and ALP A's
representation that its brief can provide helpful analysis of the law regarding disclosure of the
safety reports, the court finds that good cause exists to allow the amicus brief. Accordingly, to
the extent the motion requests leave to file an amicus brief, the motion is ALLOWED. The
Clerk of Court is DIRECTED to forward a copy of the amicus brief and the attached exhibits to
Magistrate Judge Webb's chambers.
In addition, ALP A requests that the court waive Local Civil Rule 83.1, which requires
representation by local counsel. See Local Civil Rule 83.1 (d) ("Litigants in civil actions, except
governmental agencies and parties appearing pro se, must be represented by at least one member
ofthe bar ofthis court who shall sign all documents filed in this court .... "). Because ALPA is
not representing either the plaintiff or the defendant, the court finds that ALP A is not a "litigant
in a civil action" for purposes of Local Civil Rule 83.1 (d). See Black's Law Dictionary 934 (6th
ed. 1990) (defining litigant as "a party to a lawsuit (i.e. plaintiff or defendant)"). In addition,
ALP A is appearing for the limited purpose of advocating for non-disclosure of a small number of
safety reports during discovery. ALP A has no interest in the outcome of the litigation and thus is
not a "litigant in a civil action" under the common understanding of that phrase. Finally, counsel
is a member in good standing with the Bar of Virginia and the Bar of the U.S. District Court for

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the District of Columbia. Under these particular circumstances, the court finds that counsel may
appear in this case without associating local counsel.

CONCLUSION
For the foregoing reasons, ALP A's motion [DE-44] is ALLOWED. The request to file an
amicus brief is ALLOWED and the Clerk of Court is DIRECTED to provide a copy ofthe
amicus brief and the attached exhibits [DE-45] to Judge Webb's chambers. The request to waive
the local counsel requirement is also ALLOWED and counsel may submit the brief and appear at
any hearing on ASA's motion for a protective order without associating local counsel. The
request to file in paper form is ALLOWED for the limited purpose of filing the instant motion,
the amicus brief, and the attached exhibits. The Clerk's Office has docketed these documents
into the CM/ECF system and they now appear on the docket at docket entries 44 and 45. Finally,
the Clerk of Court is DIRECTED to serve a copy of this order, by email, on counsel for the
ALP A.

SO ORDERED.
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This the~ day of October, 2013.

MES C. FOX
Senior United States District Judge

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