Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 75

MOTION to Stay re 68 Order, and 67 Order on Motion for Preliminary Injunction by Robert Abbey, Minerals Management Service, Kenneth Lee Salazar and United States Department of the Interior. Motion Hearing set for 7/28/2010 10:00 AM before Judge Martin L.C. Feldman. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Order)(Collins, Brian) Modified on 6/24/2010 (caa, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, LLC, Plaintiff, v. KENNETH LEE "KEN" SALAZAR, in his official capacity as Secretary, United States Department of the Interior; UNITED STATES DEPARTMENT OF THE INTERIOR; ROBERT "BOB" ABBEY, in his official capacity as Acting Director, Bureau of Ocean Energy Management, Regulation, and Enforcement; and BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION, AND ENFORCEMENT, Defendants. CIVIL ACTION No. 10-1663(F)(2) SECTION F JUDGE FELDMAN MAGISTRATE 2 MAGISTRATE WILKINSON DEFENDANTS' MOTION FOR STAY PENDING APPEAL OR IN THE ALTERNATIVE FOR A TEMPORAR STAY UNTIL RESOLUTION BY THE COURT OF APPEALS OF AN EMERGENCY STAY REQUEST NOW INTO COURT, through undersigned counsel, comes Defendants, Kenneth Lee Salazar, the United States Department of the Interior, Robert Abbey, and the Bureau of Ocean Energy Management, Regulation, and Enforcement ("Defendants"), which pursuant to Rule 62(c) of the Federal Rules of Civil Procedure, respectfully request that the Court stay its order granting Plaintiffs' Motion for Preliminary Injunction pending Defendants' appeal to the Fifth 1 Circuit Court of Appeals. In the alternative, Defendants request that the Court issue a temporary stay until resolution by the Court of Appeals of an emergency motion by the United States for a stay pending appeal of the district court's order, under Rule 8(a) of the Federal Rules of Appellate Procedure. The motion for stay pending appeal should be granted because Defendants can demonstrate a substantial case on the merits and that the balance of equities weighs heavily in their favor. WHEREFORE, Defendants respectfully request that the Court enter a stay of its order granting Plaintiffs' Motion for Preliminary Injunction pending appeal, or in the alternative, that it enter a temporary stay until resolution by the Court of Appeals of an emergency motion by the United States for a stay pending appeal of the district court's order. Dated: June 23, 2010 IGNACIA S. MORENO Assistant Attorney General Environment and Natural Resources Division /s/ Guillermo A. Montero GUILLERMO A. MONTERO (T.A.) BRIAN COLLINS U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section PO Box 663 Washington, DC 20016 Tel: (202)305-0443 Fax: (202)305-0267 SHARON SMITH Assistant United States Attorney Eastern District of Louisiana Hale Boggs Federal Building 500 Poydras Street, Suite B-210 New Orleans, Louisiana 70130 Tel: (504)680-3000 ATTORNEYS FOR FEDERAL DEFENDANTS 2 CERTIFICATE OF SERVICE I hereby certify that on June 23, 2010, I caused a copy of the foregoing to be served through the Court's CM/ECF System to all parties. /s/Guillermo A. Montero__ Guillermo A. Montero Attorney for Defendants 3

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