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Case 1:20-cv-00484-DG-KD Document 60 Filed 09/14/20 Page 4 of 13
resources; and that those interests [would] outweigh any delay or disruption caused to the resolution of this civil action." (Id., at 1.)
DISCUSSION
I. THE GOVERNMENT'S REQUEST FOR INTERVENTION
The Government is not a party to this civil action against Maxwell, and therefore does not have standing to move for a stay of this action. Thus, for the limited purpose of seeking a stay, the Government has sought leave to intervene in the action. (See 9/4/20 Gov't Ltr., at 1.) This Court finds it unnecessary, however, to deal with the Government's letter in an "intervention" framework, which would require an inquiry as to whether the Government meets the standards set out in Rule 24 of the Federal Rules of Civil Procedure. Rather, given that a motion for a stay has already been made by Maxwell, this Court finds it appropriate, in connection with that motion and in the exercise of its discretion, to treat the Government's submission as that of an amicus curiae. See, e.g., South Carolina v. North Carolina, 558 U.S. 256, 288 (2010) (Roberts, C.J., concurring in part) ("Courts often treat amicus participation as an alternative to intervention."); Washington State Inv. Bd. v. Odebrecht S.A., No. 17cv8118 (PGG), 2018 WL 6253877, at *10 n.2 (S.D.N.Y. Sept. 21, 2018) (considering company's submission contesting alternative service on chief executive officer as amicus filing); In GLG Life Tech Corp. Sec. Litig., 287 F.R.D. 262, 265 (S.D.N.Y. 2012) (same); see also Brenner v. Scott, 298 F.R.D. 689 (N.D. Fla. 2014) (not allowing organization that opposed same-sex marriage to intervene in Plaintiffs' actions challenging Florida's constitutional and statutory provisions banning same-sex marriage, but allowing the organization to be heard as amicus). On this basis, this Court has fully considered the views expressed by the Government in its letter.
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DOJ-OGR-00019448