Adams, et al v. USA, No. 4:2003cv00049 - Document 1907 (D. Idaho 2011)
Court Description: MEMORANDUM DECISION AND ORDER denying 1903 Motion to file Amicus Brief by US Postal Service (USPS). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO TIMM ADAMS, et al., Case No. 4:CV 03-49-BLW Plaintiffs, v. MEMORANDUM DECISION AND ORDER RE MOTION TO FILE AMICUS BRIEF UNITED STATES OF AMERICA, et al., Defendants. MEMORANDUM DECISION The Court has before it a motion to file amicus brief filed by the United States Postal Service (USPS). The USPS seeks to file an amicus brief concerning the certified mail issue raised by the Ninth Circuit in its limited remand. The USPS argues that their interpretation of what constitutes certified mail is critical to providing nation-wide uniformity. While the USPS may not have a direct stake in this case, it is a federal entity subject to suit under the FTCA. See 39 U.S.C. ยง 409(c). The USPS takes the same position as the BLM in this case, and both governmental entities would gain if the Court adopted their interpretation. Moreover, the USPS has earlier in this case filed Declarations on behalf of the BLM, and so does not come before this Court as a neutral party. An amicus is an impartial individual rather than an advocate trying to persuade the Court that the cause may be won by one party or another. Greater Yellowstone Coalition v. Timchak, 2008 WL 4911410 (D.Id. November 13, 2008). A proper amicus is the friend of the Memorandum Decision & Order - 1 court, not friend of a party. Ryan v. Commodity Futures Trading Comm n, 125 F.3d 1062, 1063 (7th Cir. 1997) (chambers opinion of Posner, J.). The USPS s interests are aligned with the BLM in this case, and the BLM is fully capable of expressing those interests. Accordingly, the motion to file amicus brief will be denied. ORDER In accordance with the Memorandum Decision set forth above, NOW THEREFORE IT IS HEREBY ORDERED, that the motion to file amicus brief (docket no. 1903) is DENIED. DATED: March 8, 2011 Honorable B. Lynn Winmill Chief U. S. District Judge Memorandum Decision & Order - 2
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