American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 41

ORDER Deeming Moot Defendants' Motion for Stay and Emergency Motion for Ruling on Pending Motion to Stay 35 . Signed by District Judge Denise Page Hood. (LSau)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AMERICAN FREEDOM DEFENSE INITIATIVE, PAMELA GELLER, and ROBERT SPENCER, Plaintiffs, V. Case No. 10-cv-12134 Honorable Denise Page Hood SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION (“SMART”); GARY L. HENDERICKSON, Individually and in his official capacity as Chief Executive of SMART, JOHN HERTEL, Individually and in his official capacity as General Manager of SMART, and BETH GIBBONS, individually and in her official capacity as Marketing Program Manager of SMART, Defendants. / ORDER DEEMING MOOT DEFENDANTS’ MOTION FOR STAY AND EMERGENCY MOTION FOR RULING ON PENDING MOTION TO STAY Now before the Court is Defendants’ Emergency Motion for Stay of Order Granting Plaintiff’s Preliminary Injunction Pending Appeal and Emergency Motion Requesting Ruling on Pending Motion to Stay. In their Motion for Stay, Defendants requested that the Court stay its enforcement of the preliminary injunction pending appeal to the Sixth Circuit Court of Appeals. The Sixth Circuit issued an Opinion reversing the grant of the preliminary injunction on October 25, 2012. Accordingly, IT IS ORDERED that Defendant’s Motion for Stay [Docket No. 27, filed April 21, 2011] and Emergency Motion Requesting Ruling on Pending Motion for Stay [Docket No. 35, filed July 19, 2011] are deemed MOOT. IT IS SO ORDERED. S/Denise Page Hood Denise Page Hood United States District Judge Dated: November 19, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on November 19, 2012, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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