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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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RONALD J. MCINTOSH,
Plaintiff,

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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.

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The government has moved to stay compliance with an August 25, 2015 order of this

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Court to allow consultation with officials at the FBI and the Department of Justice over

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whether to seek appellate review. The government was required to show irreparable harm

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absent the stay, see Motion to Stay (dkt. 163) at 2; Nken v. Holder, 556 U.S. 418, 421 (2009),

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but it has failed to offer sufficient, specific reasons for why compliance with the order here

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will cause any harm given this Court’s protective order, see Leiva-Perez v. Holder, 640 F.3d

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962, 969 (9th Cir. 2011). Accordingly, the government’s motion for stay is DENIED.

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IT IS SO ORDERED.
Dated: September 2, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE