Ruby Robinson Co., Inc v. Kalil Fresh Marketing Inc et al

Filing 338

ORDER DENYING 327 MOTION to Stay Proceedings Pending Appeal.(Signed by Judge Gray H. Miller) Parties notified.(gseidl)

Ruby Robinson Co., Inc v. Kalil Fresh Marketing Inc et al

Doc. 338

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RU BY ROBINSON CO., INC., Plaintiff, v. KA LIL FRESH MARKETING, INC., et al, Defendants. § § § § § § § OR D E R Pending before the court is Sun Valley Produce Co., Inc.'s and Classic Salads LLC's motion for order of stay pending appeal. Dkt. 327. Upon consideration of the motion, the responses, the applicable law, and the stage of the proceedings in this case, the motion is DENIED. A discretionary stay pending appeal is appropriate when the movants can establish each element of a four-part test: (1) whether the movant has made a showing of likelihood of success on the merits; (2) whether the movant has made a showing of irreparable injury if the stay is not granted; (3) whether the granting of the stay would substantially harm the other parties; and (4) whether the granting of the stay would serve the public interest. See Arnold v. Garlock, Inc., 278 F.3d 426, 438­39 (5th Cir. 2001); In re First S. Sav. Ass'n, 820 F.2d 700, 709 (5th Cir. 1987). The movants failed to address this test in their motion, thus neglecting their burden to show the court that a stay is appropriate. For this reason, combined with the extremely progressed nature of the proceedings, the "prompt payment" provisions of PACA, and the substantial harm to the remaining parties that would result, the court finds a stay unwarranted. Thus, the motion is DENIED. Signed at Houston, Texas on November 20, 2009.

CIV IL ACTION H-08-199

___________________________________ Gray H. Miller United States District Judge

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