Federal Trade Commission v. Directv, Inc. et al

Northern District of California, cand-4:2015-cv-01129

ORDER by Judge Haywood S. Gilliam, Jr. DENYING {{406}} MOTION FOR LEAVE TO FILE AMICUS BRIEF.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FEDERAL TRADE COMMISSION, Case No. 15-cv-01129-HSG 8 Plaintiff, ORDER DENYING MOTION FOR LEAVE TO FILE AMICUS BRIEF 9 v. Re: Dkt. No. 406 10 DIRECTV, INC., et al., 11 Defendants. 12 Northern District of California United States District Court 13 Before the Court is Public Good Law Center, Consumers Union, Consumer Action, and 14 National Association of Consumer Advocates' motion for leave to file an amicus brief in support 15 of the Federal Trade Commission ("FTC"). See Dkt. No. 406. 16 Courts have discretion to permit amicus briefing and will often do so if it is "useful to or 17 otherwise desirable to the court." In re DRAM Antitrust Litig., No. M 02-1486 PJH, 2007 WL 18 2022026, at *1 (N.D. Cal. July 9, 2007). The Court having fully heard the FTC on all its claims at 19 trial, the issue now is whether the FTC has met its burden of proof in this case. But the proposed 20 amicus brief simply repeats arguments raised by the FTC, without offering any "unique 21 information or perspective that can help the court" decide the issue now before it. See IO Group, 22 Inc. v. Veoh Networks, Inc., No. 06-03926-HRL, 2007 WL 2433385, at *1 (N.D. Cal. Aug. 22, 23 2007) (quotation omitted). Accordingly, the Court DENIES the motion. 24 IT IS SO ORDERED. 25 Dated: 10/25/2017 26 ______________________________________ HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28