Abbo-Bradley et al v. City of Niagara Falls et al
Filing
131
DECISION AND ORDER GRANTING 128 Plaintiffs' MOTION to Expedite. Counsel for GHS is directed to file a written response to the motion for stay pending appeal no more than 7 days from the entry of this order, at which time the court will take under advisement the motion for stay of the effect of the court's 7/18/2013 order pending appeal. Signed by Hon. John T. Curtin on 7/24/2013. (JEC)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
JOANN ABBO-BRADLEY, et al.,
Plaintiffs,
v.
13-CV-487-JTC
CITY OF NIAGARA FALLS, et al.,
Defendants.
On July 18, 2013, this court granted the application of defendant Glenn Springs
Holdings, Inc. (“GSH”), made on behalf and upon the consent of all defendants, for an
order “maintaining the status quo with respect to the parties’ fair and equal access to
environmental sampling evidence until such time as the subject matter jurisdiction of the
court is determined” on plaintiffs’ pending motion to remand the case to state court. Item
125, p. 16. As a result of the July 18th order, and as set forth more fully therein, plaintiffs
(and their attorneys) are currently enjoined from conducting environmental sampling in the
neighborhood surrounding the Love Canal Landfill site without providing all other parties
(and relevant governmental agencies) prior written notice of sampling activity,
contemporaneous access to the sampling location, and an opportunity to take split
samples. See id. at 17.
Plaintiffs immediately filed a Notice of Appeal from this order (Item 126), along with
a motion to stay the effect of the court’s status quo injunction pending determination of the
appeal (Item 127),1 and a motion pursuant to Fed. R. Civ. P. 6(c) and Local Rule 7(d) for
expedited adjudication of the motion for stay (Item 128).
Upon review of the matters set forth in these applications, and considering the
current posture of the litigation, plaintiffs’ motion for expedited determination is granted.
Toward the goal of prompt determination, counsel for GHS (as respondent on behalf of all
defendants) is hereby directed to file a written response to the motion for stay pending
appeal as soon as practicable, but in no event more than seven days from the date of entry
of this order, at which time the court will take under advisement the motion for stay of the
effect of the court’s July 18, 2013 order pending appeal .
Plaintiffs’ request for an immediate “interim” stay, pending briefing and decision on
the application for stay pending appeal, is denied.
So ordered.
____
Dated:
\s\ John T. Curtin________
JOHN T. CURTIN
United States District Judge
July 24, 2013
p:\pending\2013\13-487.jul22.2013
1
See Rule 8(a)(1)(C) of the Federal Rules of Appellate Procedure (“A party must ordinarily move
first in the district court for … an order suspending, modifying, restoring, or granting an injunction while an
appeal is pending.”)
-2-
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