ODonnell v. Harris County, Texas et al

Filing 305

ORDER ON CONTINGENT MOTION TO STAY entered DENYING 252 MOTION to Stay Contingent Pending Appeal and Brief in Support. Motion is denied without prejudice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARANDA LYNN ODONNELL, et al.,
§
On behalf of themselves and all others §
similarly situated,
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§
Plaintiffs,
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§
VS.
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§
HARRIS COUNTY, TEXAS, et al.,
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§
Defendants.
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April 28, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1414

ORDER ON CONTINGENT MOTION TO STAY
The defendants’ contingent motion to stay pending appeal,1 (Docket Entry No. 252), is denied
without prejudice. Specifically, the motion to stay filed before either the order of preliminary
injunction or a notice of appeal from that order was entered, is denied without prejudice. Cf. FED.
R. BANKR. P. 8007(a)(2) (permitting a motion to stay before notice of appeal in bankruptcy cases).
The defendants spent much of their briefing guessing—incorrectly—what relief the court would
order and explaining why this hypothetical relief would be unfeasible. (See Docket Entry No. 252
at 5–6 (assuming the need to revise the bail schedule and release all misdemeanor arrestees in Harris
County)).
The defendants may refile their motion after they have reviewed the preliminary injunction
the court has now issued and have filed a notice of appeal. At that time, they may update their briefs
on why the balance of the equities favors a stay in light of the relief ordered.

1

The defendant Harris County Sheriff and the defendant presiding judge of County Court at
Criminal Law No. 16 do not join the motion to stay. (See Docket Entry No. 252 at 1).

1

If some defendants do not join the motion to stay, the court requests a statement of position
from the nonmoving defendants no later than one day after the motion to stay is filed.
SIGNED on April 28, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

2