Evans
Natural Resources Defense Council v. Evans
Opinion
Opinion
Larson, J.
ORDER
INTRODUCTION
Plaintiffs’ Motion for Order on Remedy came on for hearing on November 20, 2002; Filed at the same time was the Motion of West Coast Seafood Processors’ Association and Fishermen’s Marketing Association for Leave to file Amicus Brief, which was not opposed by any party. Andrew Caputo appeared for Plaintiffs. Mauricia Bacca appeared for Defendants. There was no appearance for amici. The moving and opposing papers and the arguments of counsel having been considered and good cause appearing, it is hereby ordered that the motion for order on remedy (40-1) is denied, without prejudice.
The Motion for Leave to file Amicus Brief (35-1) is granted. Amici, as distinguished from intervenors, may file briefs and may possibly participate in oral argument, but are not entitled to take discovery or participate at trial. (Schwarzer et al. Federal Civil Procedure Before Trial at 7:168 and 170).
JURISDICTION
Defendants object to Plaintiffs’ motion on procedural grounds, claiming that it is in effect a motion to amend the judgment, or for reconsideration or relief from judgment, under FRCP Rule 60(b). Defendants claim final judgment was entered in August 2001.