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Judicial Watch • Ohio AEF leave to file amicus 2:13-cv-935

Ohio AEF leave to file amicus 2:13-cv-935

Ohio AEF leave to file amicus 2:13-cv-935

Page 1: Ohio AEF leave to file amicus 2:13-cv-935

Category:Election Integrity

Number of Pages:5

Date Created:March 10, 2014

Date Uploaded to the Library:March 13, 2014

Tags:Supreme Court, ICE, CIA


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  • demand_answers

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Case: 2:13-cv-00935-MHW-TPK Doc Filed: 03/10/14 Page: PAGEID 228 THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OHIO
EASTERN DIVISION
____________________________________
CITIZENS CHARGE, INC., al.,
Plaintiffs,
Case No. 2:13-cv-935-MHW-TPK
JON HUSTED, OHIO SECRETARY STATE,
Defendant.
____________________________________)
MOTION FOR LEAVE FILE AMICUS CURIAE BRIEF SUPPORT
PLAINTIFFS AND CORPORATE DISCLOSURE STATEMENT
Judicial Watch, Inc. and the Allied Educational Foundation, and through undersigned
counsel, respectfully move for leave file the attached amicus curiae brief support
Plaintiffs Motion Convert the Preliminary Injunction into Permanent Injunction (ECF No.
21). support this motion, proposed amici state follows:
Judicial Watch, Inc. Judicial Watch non-partisan, public interest organization
headquartered Washington, D.C. Founded 1994, Judicial Watch seeks promote
accountability, transparency and integrity government, and fidelity the rule law.
furtherance these goals, Judicial Watch regularly files amicus curiae briefs and prosecutes
lawsuits matters believes are public importance. Judicial Watch has appeared amicus
curiae multiple federal courts numerous occasions.
The Allied Educational Foundation AEF nonprofit charitable and educational
foundation based Englewood, New Jersey. Founded 1964, AEF dedicated promoting
education diverse areas study. AEF regularly files amicus curiae briefs means
Case: 2:13-cv-00935-MHW-TPK Doc Filed: 03/10/14 Page: PAGEID 229
advance its purpose and has appeared amicus curiae federal courts numerous
occasions.
Amici are concerned that the Ohio law prohibiting out-of-state petition circulators
unjustifiably restricts the rights citizens directly participate the legislative process, and
therefore intrudes the people sovereign right self-governance. recent years, Judicial
Watch has regularly filed briefs and litigated cases seeking defend the right the people
initiative and referendum,1 and both Judicial Watch and AEF have jointly filed briefs with the
Supreme Court similarly urging broad protection citizens rights direct democracy. Amici
therefore believe their contribution will aid the Court. court decision permit amici curiae participate pending case solely within
the broad discretion the district court. Tafas Dudas, al., 511 F.Supp.2d 652 (E.D.
2007) (overruled other grounds); citing Waste Mgmt., Inc. City York, 162 F.2R.D.34,
(M.D. Pa. 1995); see e.g. Hoptowit Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). While there rule governing the appearance amici district court, the courts have recognized they
have broad discretion whether permit non-party participate amicus curiae.
explained then-Judge Alito, [e]ven when party well represented, amicus may provide
important assistance the court. Neonatology Assocs., P.A. Commissioner Internal
See Brief Amicus Curiae Russell Pearce, Arizona Arizona Intertribal, Case No. 12-71
(filed with U.S. Supreme Court December 14, 2012), available http://www.scribd.com/doc/
117614692/Arizona-v-ITCA-amicus see also Doe State Board Elections, 428 Md. 596
(2012); see also Whitley State Board Elections, 429 Md. 132 (2012).
See Brief Amici Curiae Judicial Watch and Allied Educational Foundation, Bill Schuette,
Michigan Attorney General Coalition Defend Affirmative Action, Case No. 12-682 (filed
with U.S. Supreme Court July 2013), available http://alliededucationalfoundation.org/
legalbriefs/2013%20Briefs/shuette%20v%20coalition%20(1).PDF; see also Brief Amici
Curiae Judicial Watch and Allied Educational Foundation, Hollingsworth Perry, Case No. 12144 (filed with U.S. Supreme Court January 29, 2013), available http://www.scribd.com/
doc/122824908/Prop-8-JW-AEF-Amicus-Brief.
Case: 2:13-cv-00935-MHW-TPK Doc Filed: 03/10/14 Page: PAGEID 230
Revenue, 293 F.3d 128, 132 (3rd Cir. 2002). Indeed, the federal courts regularly permit parties
with various interests appear amici, reasoning that restrictive policy with respect
granting leave file may create least the perception viewpoint discrimination. 
Neonatology Assocs., P.A., 293 F.3d 133. See also United States Alkaabi, 223 Supp. 2d.
583, 592 (D.N.J. 2002).
Undersigned counsel has contacted counsel for Plaintiffs, Defendant, and IntervenorDefendant seeking their consent the instant motion, and all have given their consent this
motion.
For the foregoing reasons, Judicial Watch and AEF respectfully request this Court
grant them leave allow their appearance and accept the brief amici curiae.
CORPORATE AFFILIATION AND FINANCIAL INTEREST
DISCLOSURE STATEMENT
Pursuant Fed. Civ. 7.1, Local Rule 7.1, and 6th Cir. 26.1, neither Judicial
Watch nor AEF subsidiary affiliate publicly owned corporation. Both Judicial Watch
and AEF are corporations organized under Section 501(c)(3) the Internal Revenue Code, and publicly held company has 10% greater ownership interest either corporation.
Case: 2:13-cv-00935-MHW-TPK Doc Filed: 03/10/14 Page: PAGEID 231
Dated: March 10, 2014
Respectfully submitted, Thomas Kidd, Jr.
Thomas Kidd, Jr.
Attorney Law
8913 Cincinnati-Dayton Road
West Chester, Ohio 45069
Tel.: (513)733-3080
Fax: (513)577-7383
kiddlawoffice@gmail.com Chris Fedeli
Robert Popper
Chris Fedeli
Admissions Pro Hac Vice Pending
JUDICIAL WATCH, INC.
425 Third Street, SW, Ste. 800
Washington, 20024
202-646-5172 office
202-646-5199 facsimile
cfedeli@judicialwatch.org
Attorneys for Proposed Amici Judicial
Watch and Allied Educational Foundation
Case: 2:13-cv-00935-MHW-TPK Doc Filed: 03/10/14 Page: PAGEID 232
CERTIFICATE SERVICE hereby certify that this 10th day March, 2014, electronically filed the foregoing
document with the Clerk the Court using the CM/ECF system. Notice this filing will
sent counsel record operation the Court electronic filing system. Parties may access
this filing through the Court system. Thomas Kidd, Jr.
Thomas Kidd, Jr.