Ameritox, LTD. v. Millenium Laboratories Clinical Supply, Inc.

Filing 51

MINUTE ORDER: Denying 50 Emergency Motion to Stay. Signed by Magistrate Judge Ruben B. Brooks on 11/8/2013. (srm)

AMENDED MINUTES OF THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
AMERITOX v. MILLENNIUM LABORATORIES CLINICAL SUPPLY
HON. RUBEN B. BROOKS

Case No. 12cv2797 W(RBB)
Time Spent:

CT. DEPUTY VICKY LEE

Rptr.

Attorneys
Plaintiffs

PROCEEDINGS:

In Chambers

Defendants

In Court

Telephonic

On November 8, 2013, Millennium Laboratories Clinical Supply, Inc. ("MLCS")
filed an Emergency Motion for a Stay Pending the District Court's Ruling on
the November 1, 2013 Emergency Ex Parte Application [ECF No. 50]. In this
filing, MLCS states that on November 1, 2013, it filed an ex parte
application with the district court to stay this Court's October 25, 2013
Order Granting [Ameritox]'s] Motion to Compel and Enforce February 19, 2013
Discovery Order [ECF No. 46]. MLCS contends that its "right to interpose
meaningful Rule 72 Objections to the District Court by Friday November 8,
2013 (i.e., objections filed on a Friday are very unlikely to be ruled on by
the following Monday) [the deadline for compliance with this Court's
order][,]" rendering its right to object moot. (Millennium Labs. Clinical
Supply Emergency Motion 2, ECF No. 50.)
Objections to this Court's February 13 or October 25, 2013 orders have not
been filed. The twenty-six line Emergency Application is insufficient. MLCS
has not met its burden of showing that a stay is appropriate. In ruling on a
motion to stay, the Court determines (1) whether MLCS has made a strong
showing that it is likely to succeed on the merits of its appeal, (2) if MLCS
has demonstrated that it will be irreparably injured absent a stay, (3)
whether the other interested parties will suffer substantial harm if a stay
is imposed, and (4) if a stay is in the public interest. Hilton v.
Braunskill, 481 U.S. 770, 776 (1987).
The Emergency Motion [ECF No. 50] is denied.

DATE: November 8, 2013
cc:

Judge Whelan
All Parties of Record

I:\Chambers Brooks\CASES\AMERITOX2797\Minutes09.wpd

IT IS SO ORDERED:

_________________________
Ruben B. Brooks,
U.S. Magistrate Judge
INITIALS: VL (mg) Deputy