Opinion
Civil Action 20-1744-CFC
06-14-2021
UNITED STATES OF AMERICA, Plaintiff, v. WALMART INC. and WAL-MART STORES EAST, LP, Defendant.
MEMORANDUM ORDER
Pending before me is a motion filed by Jay K. Joshi requesting leave to file an amicus curiae brief. D.I. 15.
"[A] district court's decision to accept or reject an amicus filing is entirely within the court's discretion." In re Nazi Era Cases Against German Defendants Litig., 153 Fed.Appx. 819, 827 (3d Cir. 2005) (citation omitted). "[District] [c]ourts will exercise their discretion to allow an amicus curiae brief to be filed if [R]ule 29 of the Federal Rules of Appellate Procedure is satisfied by demonstrating, under the most lenient standard, that (1) the movant has an adequate interest in the appeal; (2) the information supplied is desirable; and (3) the information being provided is relevant." In re Weinstein Co. Holdings, LLC, 2020 WL 1320821, at *1, n.3 (D.Del. Mar. 20, 2020); see also Neonatology Assocs., P.A. v. C.I.R., 293 F.3d 128, 131 (3d Cir. 2002). Joshi's proposed brief provides neither desirable nor relevant information with respect to the legal questions presented in this case. Accordingly, I will deny his motion.
NOW THEREFORE, at Wilmington this Fourteenth day of June in 2021, IT IS HEREBY ORDERED that Jay K. Joshi's Motion for Leave to File Amicus Curiae Brief (D.I. 15) is DENIED.