Case 2:25-cv-01541-APG-DJA Document 31 Filed 09/30/25 Page 5 of 7
Here, the proposed amicus brief is both timely and useful. 3 First, this motion and the accompanying amicus brief are timely because they are filed within 7 days of the filing of the
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Nevada Defendants’ response to Robinhood Derivatives, LLC’s motion for preliminary injunction.
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Pursuant to Rule 29 of the Federal Rules of Appellate Procedure, “[a]n amicus curiae must file its
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brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal
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brief of the party being supported is filed.” Fed. R. App. P. 29(a)(6). While there is no
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corresponding rule at the district court level, this Court may rely on Rule 29 as guidance for what
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is considered timely.
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Second, the proposed amicus brief is useful to this Court in deciding whether to deny
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Robinhood’s motion for preliminary injunction because it provides the Court with legal arguments
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and relevant context not raised by either party. In their response to Robinhood’s motion for
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preliminary injunction, Defendants argue that the Commodity Exchange Act (“CEA”) does not
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preempt Nevada’s state gaming laws. While the Tribal Amici concur with and support the
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arguments advanced by the Defendants, they believe that the additional arguments included in the
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accompanying brief are relevant and will be helpful to the Court’s deliberation of the case. In
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particular, the Tribal Amici have a special interest in the subject matter of the suit because it
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directly impacts tribal sovereignty and gaming that occurs on Indian lands. Additionally, the
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Tribal Amici present additional arguments as to why the CEA does not exclusively govern
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Robinhood’s sports event contracts because it neither preempts nor impliedly repeals the Indian
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Gaming Regulatory Act, and Robinhood’s legal position would otherwise violate federal Indian
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policy.
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3 Additionally, counsel for the parties have consented to the filing of this motion.
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