CASE NO. 03CV1460 BTM
August 20, 2003
ORDER DENYING REQUEST TO INTERVENE AND GRANTING APPLICATION TO APPEAR AS AMICUS CURIAE AT HEARING
On August 19, 2003, Ted Costa filed an ex parte application for: (1) leave to intervene; or, (2) in the alternative, for permission to file an amicus curiae brief in opposition to intervenor's motion for judgment on the pleadings. For the reasons set forth on the record at the hearing on August 20, 2003, the Court denies Mr. Costa's motion to intervene without prejudice. The Court grants his motion to appear as amicus curiae at the hearing. However, because the other parties have not had an opportunity to read the brief Mr. Costa's proposes to submit, and therefore may not be able to properly and timely respond to the arguments contained therein, the Court will not accept for filing, or in any way consider, his amicus curiae brief.
IT IS SO ORDERED.