Log Cabin Republicans v. United States of America et al

Filing 253

Emergency APPLICATION to Stay pending Appeal Court's October 12, 2010 Judgment and Permanent Injunction filed by Defendants Donald H Rumsfeld, United States of America. (Attachments: #1 Memorandum, #2 Declaration, #3 Declaration, #4 Proposed Order)(Parker, Ryan)

Log Cabin Republicans v. United States of America et al

Doc. 253

1 TONY WEST Assistant Attorney General 2 ANDRÉ BIROTTE, Jr. United States Attorney 3 JOSEPH H. HUNT VINCENT M. GARVEY 4 PAUL G. FREEBORNE W. SCOTT SIMPSON 5 JOSHUA E. GARDNER RYAN B. PARKER 6 U.S. Department of Justice Civil Division 7 Federal Programs Branch P.O. Box 883 8 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] E-mail: paul.freeborne@ usdoj.gov 10 Attorneys for Defendants United States 11 of America and Secretary of Defense 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DEFENDANTS' EX PARTE APPLICATION FOR A STAY OF JUDGMENT UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA AND) ROBERT M. GATES, Secretary of Defense,) ) Defendants. ) ) ) ) ) ) No. CV04-8425 VAP (Ex) DEFENDANTS' (1) EX PARTE APPLICATION FOR THE ENTRY OF AN EMERGENCY STAY; (2) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION; (3) DECLARATION OF CLIFFORD L. STANLEY (4) DECLARATION OF PAUL G. FREEBORNE; AND (5) PROPOSED ORDER BEFORE: Judge Phillips

14 LOG CABIN REPUBLICANS,

Dockets.Justia.com

1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 Pursuant to Local Rule 7-19, Defendants the United States of America and 3 Robert M. Gates, Secretary of Defense, hereby apply ex parte for an order staying 4 the application of the Court's entry of a permanent injunction in this case pending 5 appeal. In the alternative, defendants request that the Court grant an immediate 6 stay of its injunction while the Court considers defendants' application for a stay 7 pending appeal. At a minimum, should the Court decline to enter a stay pending 8 appeal or an immediate stay to permit it to consider defendants' request for a stay 9 pending appeal, defendants request that the Court enter an immediate stay to permit 10 the Court of Appeals an opportunity to consider entry of a stay. Defendants submit 11 that cause exists to grant the relief requested herein because, at a minimum, this 12 case raises serious legal questions, and without the entry of an order immediately 13 staying the application of this Court's judgment, defendants will be irreparably 14 harmed before they can appeal this Court's decision to the Ninth Circuit. 15 Accordingly, Defendants submit this ex parte application seeking immediate relief 16 from this Court. 17 Pursuant to Local Rule 7-19.1, defendants have provided notice of this ex 18 parte application to counsel for Plaintiff Log Cabin Republicans and inquired as to 19 whether Plaintiff would oppose this motion. Plaintiff's counsel has stated that 20 Plaintiff opposes defendants' application. Plaintiff's counsel's name, address, 21 telephone number and email address are as follows: 22 DAN WOODS 633 W. Fifth Street, Suite 1900 23 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 25 This application is based upon this notice of ex parte application, the 26 accompanying memorandum of points and authorities, and the accompanying 27 28
DEFENDANTS' EX PARTE APPLICATION FOR A STAY OF JUDGMENT UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]

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1 Declarations of Clifford L. Stanley and Paul G. Freeborne. A proposed order is 2 hereby lodged. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DEFENDANTS' EX PARTE APPLICATION FOR A STAY OF JUDGMENT UNITED STATES DEPARTMENT OF JUSTICE CIVIL DIVISION, FEDERAL PROGRAMS BRANCH P.O. BOX 883, BEN FRANKLIN STATION WASHINGTON, D.C. 20044 [phone]

Dated: October 14, 2010 Respectfully submitted, TONY WEST Assistant Attorney General ANDRÉ BIROTTE, JR United States Attorney JOSEPH H. HUNT Director VINCENT M. GARVEY Deputy Branch Director /s/ Paul G. Freeborne PAUL G. FREEBORNE W. SCOTT SIMPSON JOSHUA E. GARDNER RYAN B. PARKER Trial Attorneys U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Room 6108 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants United State of America and Secretary of Defense

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