Mcintosh v. Holder et al

Filing 169

Order Re Government's Motion to Stay Compliance with Court's Order of August 25, 2015 by Judge Charles R. Breyer on 9/2/2015. (crblc2, COURT STAFF) (Filed on 9/2/2015)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 RONALD J. MCINTOSH, Plaintiff, 12 13 14 15 No. 09-cv-00750 CRB ORDER RE GOVERNMENT’S MOTION TO STAY COMPLIANCE WITH COURT’S ORDER OF AUGUST 25, 2015 v. ERIC H. HOLDER JR., Defendant. / 16 17 The government has moved to stay compliance with an August 25, 2015 order of this 18 Court to allow consultation with officials at the FBI and the Department of Justice over 19 whether to seek appellate review. The government was required to show irreparable harm 20 absent the stay, see Motion to Stay (dkt. 163) at 2; Nken v. Holder, 556 U.S. 418, 421 (2009), 21 but it has failed to offer sufficient, specific reasons for why compliance with the order here 22 will cause any harm given this Court’s protective order, see Leiva-Perez v. Holder, 640 F.3d 23 962, 969 (9th Cir. 2011). Accordingly, the government’s motion for stay is DENIED. 24 25 26 27 28 IT IS SO ORDERED. Dated: September 2, 2015 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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