USCA Case #13-5272

Document #1478163

Filed: 02/04/2014

Page 1 of 1

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 13-5272

September Term, 2013

1:12-cv-01143-RJL Filed On: February 4, 2014

Leneuoti Fiafia Tuaua, et al., Appellants v. United States of America, et al., Appellees

BEFORE:

Tatel, Brown, and Pillard, Circuit Judges

ORDER Upon consideration of the motion for summary affirmance, the opposition thereto, the reply, the motion for leave to intervene or, in the alternative, for leave to participate as amici curiae filed by the American Samoa Government and Congressman Eni F.H. Faleomavaega, the opposition thereto, and the amended reply, it is ORDERED that the motion for summary affirmance be denied. The merits of the parties positions are not so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). It is FURTHER ORDERED that the motion for leave to intervene or, in the alternative, for leave to participate as amici curiae be referred to the merits panel to which this appeal is assigned. The movants may lodge a brief not exceeding 8,750 words. The parties and the movants are directed to address in their briefs the issues presented in the motion, rather than incorporate those arguments by reference. Because the court has determined that summary disposition is not in order, the Clerk is instructed to calendar this case for presentation to a merits panel. Per Curiam