the movant’s interest; and (B) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case.” Fed. R. App. P. 29(a)(3). “Participation as an amicus is ‘a privilege within the sound discretion of the courts.’” Newcomb v. Allergy & ENT Assocs. of Middle Tenn., P.C. , No. 3:10-cv-1230, 2013 WL 3976627, at *1 (M.D. Tenn. Aug. 2, 2013) (quoting United States v. State of Michigan , 940 F.2d 143, 165 (6th Cir. 1991)). And as such, the information proffered in an amicus brief must be “timely, useful, or otherwise necessary to the administration of justice.” Bright v. Brookdale Senior Living, Inc. , No. 3:19-CV-00374, 2020 WL 12893860, at *1 (M.D. Tenn. Oct. 23, 2020) (quoting N. Sec. Co. v. United States , 191 U.S. 555 (1903)). Amicus briefs are generally appropriate in three circumstances:
[W]hen a party is not represented competently or is not represented at all, when the amicus has an interest in some other case that may be affected by the decision in the present case (though not enough affected to entitle the amicus to intervene and become a party in the present case), or when the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide.
Newcomb , 2013 WL 3976627, at *1 (quoting Ryan v. Commodity Futures Trading Comm’n , 125 F.3d 1062, 1063 (7th Cir.1997)). Provided that the proposed amicus brief “meets the formatting requirements, includes substantive law, and offers insight from a party with interests relevant to the case … and [n]o party opposes [Tribal Amici’s] appearance as amic[i] … [t]he motion [should] therefore be granted.” Free Speech Coal., Inc. v. Skrmetti , No. 24-6158, 2025 WL 512049, at *1 (6th Cir. Jan. 13, 2025). Here, the proposed amicus brief is both timely and useful, and will aid the court in its deliberation of this matter by offering insights not available from the parties. First, this motion and the accompanying amicus brief are timely because they are filed within 7 days of the filing of Defendants’ response to Kalshi’s motion for preliminary injunction. This is in accordance with
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NSH 3426322.2
Case 3:26-cv-00034 Document 40 Filed 01/23/26 Page 5 of 9 PageID #: 433
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