Gilman v. Fisher, et al

Filing 555

ORDER signed by Judge Lawrence K. Karlton on 7/22/2014 GRANTING 547 Plaintiffs' Motion to Enforce Judgment; and that portion of the court's order and judgment 532 , 533 , that issued a stay pending appeal is herebyVACATED, effective 21 days from the date of this order, so that a stay may be sought from the Ninth Circuit. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD M. GILMAN, et al.,

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CIV. S-05-830 LKK/CKD

Plaintiffs,

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No.

v.

ORDER

EDMUND G. BROWN, JR., et al.,

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Defendants.

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This court previously entered its judgment in this case, but

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stayed the judgment pending the resolution of any appeal.1

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However, as plaintiffs point out in their pending Motion To

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Enforce Judgment, no party filed a motion requesting that this

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court issue a stay pending appeal under the applicable standards.

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In their opposition, defendants assert, among other things, that

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if the matter is not stayed, “Defendants agree with Plaintiffs

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that a 21-day stay is proper so that Defendants may seek a stay

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The court stated that “[t]his order is stayed for 31 days, and
goes into effect immediately thereafter, unless a timely appeal
is filed.” ECF No. 532 at 58. Accordingly, if a timely appeal
was filed, the stay would remain in effect until the appeal was
resolved.

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from the Ninth Circuit.”

ECF No. 552 at 7 n.2.

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Accordingly,

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Plaintiffs’ motion (ECF No. 547) is GRANTED; and

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2.

That portion of the court’s order and judgment (ECF

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Nos. 532 & 533), that issued a stay pending appeal is hereby

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VACATED, effective 21 days from the date of this order, so that a

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stay may be sought from the Ninth Circuit.

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IT IS SO ORDERED.

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Dated:

July 22, 2014.

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