Albanese Enterprises, Inc. v. City of Jacksonville

Filing 36

ORDER granting, in part, and denying, in part, 28 Motion to Stay. See Order for details. Signed by Judge Marcia Morales Howard on 4/3/2014. (MEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
ALBANESE ENTERPRISES, INC.,
Plaintiff,
vs.

Case No. 3:13-cv-1471-J-34MCR

CITY OF JACKSONVILLE,
Defendant.
_____________________________________/

ORDER
THIS CAUSE is before the Court on Defendant City of Jacksonville’s Emergency
Motion for Stay of Order (Doc. 24) and Judgment (Doc. 26) Pending Appeal and
Incorporated Memorandum of Law (Doc. 28; Motion), filed on February 19, 2014. In the
Motion, Defendant City of Jacksonville (the City) requests, pursuant to Rule 62(c), Federal
Rules of Civil Procedure (Rule(s)), that the Court enter a stay pending appeal of its February
14, 2014 Order (Doc. 24), and the final Judgment (Doc. 26) dated February 18, 2014.
Specifically, the City seeks a stay of the injunction prohibiting the City from enforcing
sections 3-6 of Ordinance 2007-1047-E. See Order at 22. The Court has considered all of
the written submissions of the parties, and has heard further argument of counsel at a
hearing held on April 3, 2014, the record of which is incorporated herein by reference.
The Court acknowledges that the overbreadth doctrine is “strong medicine” to be used
“sparingly and only as a last resort.” See Broadrick v. Oklahoma, 413 U.S. 601, 613 (1973).
Indeed, the Court recognizes that it is significant whenever one branch of government
overrules the will of another branch. Nonetheless, for the reasons stated on the record, the

Court is convinced that the City has failed to satisfy the legal standards necessary to warrant
a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 433-35 (2009).
Accordingly, it is
ORDERED:
1.

Defendant City of Jacksonville’s Emergency Motion for Stay of Order (Doc. 24)
and Judgment (Doc. 26) Pending Appeal and Incorporated Memorandum of
Law (Doc. 28) is GRANTED, in part, and DENIED, in part.
A.

To the extent Defendant requests, under Rule 62(c), Federal Rules of
Civil Procedure, that the Court stay the injunction imposed by this
Court’s February 14, 2014 Order (Doc. 24) pending completion of its
appeal to the Eleventh Circuit Court of Appeals in Albanese
Enterprises, Inc. v. City of Jacksonville, 11th Cir. No. 14-10671, the
Motion is DENIED.

B.

The Motion is GRANTED solely to the extent that the Court will stay its
injunction for a limited period, as set forth below, until the Eleventh
Circuit Court of Appeals may consider and dispose of a motion for stay
pending appeal under Rule 8(a), Federal Rules of Appellate Procedure.

2.

Pursuant to Rule 62(c), Federal Rules of Civil Procedure, in furtherance of
Defendant’s appeal and for the sole purpose of maintaining and preserving the
status quo, the Court temporarily stays the injunction entered in the Court’s
February 14, 2014 Order (Doc. 24), until 5:00 PM EST on Monday, April 14,
2014, to permit Defendant City of Jacksonville to seek relief from the Eleventh
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Circuit Court of Appeals pursuant to Rule 8(a), Federal Rules of Appellate
Procedure.
3.

If Defendant City of Jacksonville files a motion with the Court of Appeals
seeking such relief by 5:00 PM EST on Monday, April 14, 2014, the stay shall
remain in effect until such time as the Court of Appeals rules on that motion.
Once the Court of Appeals rules on that motion, this Court’s stay shall
dissolve.

4.

If Defendant City of Jacksonville fails to file such a motion with the Court of
Appeals by 5:00 PM EST on Monday, April 14, 2014, the stay imposed herein
shall dissolve without further order of the Court.

DONE AND ORDERED at Jacksonville, Florida on April 3, 2014.

lc11
Copies to:
Counsel of Record
Pro Se Parties

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