Ohio AEF leave to file amicus 2:13-cv-935
Number of Pages:5
Date Created:March 10, 2014
Date Uploaded to the Library:March 13, 2014
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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 firstname.lastname@example.org 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 email@example.com 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.