United States of America v. Western Radio Services Co.

Filing 82

ORDER - Defendant Western Radio Services Co., Inc.'s Renewed Motion for Injunction and Stay Pending Appeal (Dkt. 75 ) and Western Radio's related Motion for Waiver of Bond (Dkt. 77 ) are both DENIED. Signed on 10/13/2015 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Case No. 3:13-CV-1186-SI

Plaintiff,

ORDER DENYING STAY

v.
WESTERN RADIO SERVICES CO.,
Defendant.
Michael H. Simon, District Judge.
In the related case numbered 3:11-cv-638-SI (D. Or.), this Court granted summary
judgment to Plaintiff, referred to as the “Forest Service,” on, among other things, its claims
against Defendant Western Radio Services Co. (“Western Radio”) for breach of lease and
trespass. The Court also ordered the removal of Western Radio's trespassing tower. The Court
then granted in part Western Radio's motion for stay pending appeal and waiver of bond. The
Ninth Circuit, in appellate case numbers 12-36082 and 13-35541, affirmed. This Court then
extended the stay at Western Radio's request while Western Radio petitioned the U.S. Supreme
Court for a writ of certiorari. After the Supreme Court denied Western Radio's petition, this
Court lifted the stay.

PAGE 1 – ORDER DENYING STAY

In the present case, case number 13-cv-1186 (D. Or.), this Court granted the Forest
Service's motion for summary judgment and declared that the Communications Use Lease
between the Forest Service and Western Radio, designated CRE09 and issued December 17,
2000, was properly revoked by the Forest Service and is cancelled. Dkt. 64. Defendant Western
Radio then moved for an order staying this Court's Judgment pending appeal. This Court granted
that motion in part, staying the Judgment in this case only while Western Radio pursued its
appeal in the related case, Ninth Circuit appellate case number 13-35541, and further ordering
that this stay shall expire upon the issuance of the appellate mandate in that appeal. After that
occurred, Western Radio filed its pending motion for stay and for injunction pending appeal,
while this case is now on appeal before the Ninth Circuit, in appellate case number 14-35382.
The Forest Service opposes Western Radio's motion on both jurisdictional and substantive
grounds. Based on the Ninth Circuit's decision in appellate case number 13-35541, this Court
finds that Western Radio would not be entitled to the relief it currently seeks, even if this Court
has jurisdiction to consider Western Radio's current motions.
Defendant Western Radio Services Co., Inc.'s Renewed Motion for Injunction and Stay
Pending Appeal (Dkt. 75) and Western Radio's related Motion for Waiver of Bond (Dkt. 77) are
both DENIED.
IT IS SO ORDERED.
DATED this 13th day of October, 2015.

/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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