Opinion
No. 00 Civ. 8577 (LAK)
July 30, 2002
ORDER
The Program on Gender, Work Family of American University's Washington College of Law (the "Program") moves for leave to file a brief amicus curiae in opposition to defendants' motion for summary judgment dismissing the complaint. The papers submitted, however, contain also a purported Rule 56.1 Statement on behalf of the proposed amicus as well as sixteen exhibits, some few of which are copies of papers of record in this case but many of which are articles or other materials de hors the record.
An amicus in appropriate circumstances may be heard as to its views concerning how a court should resolve questions before it on the record generated by the parties. It is not itself a party to the litigation and not entitled to make its own record. To whatever extent the publications submitted by the Program may be considered, the Court will consider them. The Rule 56.1 Statement and any evidentiary materials not already made of record by the parties, however, are not appropriately submitted by the amicus.
Accordingly, the motion is granted to the extent that the Program may be heard as an amicus curiae and its memorandum of law will be considered. The motion is denied in all other respects.
SO ORDERED.