El Papel LLC v. Inslee

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA EL PAPEL LLC, et al., CASE NO. 2:20-cv-01323-RAJ-JRC Plaintiffs, ORDER ON UNOPPOSED v. MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN JAY INSLEE, et al., SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION FOR Defendants. PRELIMINARY INJUNCTION This matter is before the Court on amici curiae City of Chicago’s, together with 16 local governments (collectively “Amici”), unopposed motion for leave to file an amicus brief in support of defendants’ opposition (Dkts. 27, 28) to plaintiffs’ motion for preliminary injunction (Dkt. 16). See Dkt. 44. Amici have attached a proposed amicus brief (Dkt. 44-1) to the instant motion and state that they have conferred with all parties as to this motion and that all parties are unopposed to the admission of the proposed amicus brief. See Dkt. 44, at 2. “District courts may consider amicus briefs from non-parties concerning legal issues that have potential ramifications beyond the parties directly involved or if the amicus has unique ORDER ON UNOPPOSED MOTION FOR LEAVE TO information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide.” Macareno v. Thomas, 378 F. Supp. 3d 933, 940 (W.D. Wash. 2019) (internal citations omitted). “The ‘classic role’ of amicus curiae is to assist a court in a case of public interest by ‘supplementing the efforts of counsel,” and “generally courts have ‘exercised

great liberality’ in permitting amicus briefs.” California v. U.S. Dep't of the Interior, 381 F. Supp. 3d 1153, 1163–64 (N.D. Cal. 2019) (quoting Miller-Wohl Co. v. Comm’r of Labor & Indust., 694 F.2d 203, 204 (9th Cir. 1982); Woodfin Suite Hotels, LLC v. City of Emeryville, No. C 06-1254 SBA, 2007 WL 81911, at *3 (N.D. Cal. Jan. 9, 2007)). Having reviewed the instant motion and proposed amicus brief (see Dkts. 44, 44-1), the Court finds that Amici, a collection of nationwide local cities and counties, have demonstrated that they have an interest in the issues presented to the Court in plaintiffs’ motion for preliminary injunction (Dkt. 16). See California v. U.S. Dep’t of the Interior, 381 F. Supp. 3d at 1164. The Court further finds that the information contained in the proposed amicus brief (Dkt. 44-1) to be helpful regarding the potential public safety and health ramifications beyond the parties directly

involved regarding the impact of plaintiffs’ requested relief on low-income and vulnerable renters. See Macareno, 378 F. Supp. 3d at 940. Accordingly, the Court finds good cause to GRANT the motion for leave to file the proposed amicus brief. Dkt. 44. Amici shall file the amicus brief on or before October 23, 2020. Dated this 22nd day of October, 2020.

A J. Richard Creatura United States Magistrate Judge

ORDER ON UNOPPOSED MOTION FOR LEAVE TO