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Case Ce2@-A0-00484-DGtUDER ODoeHékGA, PREG DLI1 H2ge4Panfed4 of 13
resources; and that those interests [would] outweigh any delay or disruption caused to the
resolution of this civil action.” (/d., at 1.)
DISCUSSION
1. THE GOVERNMENT’S REQUEST FOR INTERVENTION
The Government is not a party to this civil action against Maxwell, and therefore does not
have standing to move for a stay of this action. Thus, for the limited purpose of seeking a stay,
the Government has sought leave to intervene in the action. (See 9/4/20 Gov’t Ltr., at 1.) This
Court finds it unnecessary, however, to deal with the Government’s letter in an “intervention”
framework, which would require an inquiry as to whether the Government meets the standards
set out in Rule 24 of the Federal Rules of Civil Procedure. Rather, given that a motion for a stay
has already been made by Maxwell, this Court finds it appropriate, in connection with that
motion and in the exercise of its discretion, to treat the Government’s submission as that of an
amicus curiae. See, e.g., South Carolina v. North Carolina, 558 U.S. 256, 288 (2010)
(Roberts, C.J., concurring in part) (“Courts often treat amicus participation as an alternative to
intervention.”); Washington State Inv. Bd. v. Odebrecht S.A., No. 17cv8118 (PGG), 2018 WL
6253877, at *10 n.2 (S.D.N.Y. Sept. 21, 2018) (considering company’s submission contesting
alternative service on chief executive officer as amicus filing); In GLG Life Tech Corp. Sec.
Litig., 287 F.R.D. 262, 265 (S.D.N.Y. 2012) (same); see also Brenner v. Scott, 298 F.R.D. 689
(N.D. Fla. 2014) (not allowing organization that opposed same-sex marriage to intervene in
Plaintiffs’ actions challenging Florida’s constitutional and statutory provisions banning same-sex
marriage, but allowing the organization to be heard as amicus). On this basis, this Court has
fully considered the views expressed by the Government in its letter.
DOJ-OGR-00019448
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Document Details
| Filename | DOJ-OGR-00019448.jpg |
| File Size | 693.8 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 1,948 characters |
| Indexed | 2026-02-03 19:43:26.517655 |