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Gilman v. Brown

United States District Court, E.D. California

July 22, 2014

RICHARD M. GILMAN, et al., Plaintiffs,
v.
EDMUND G. BROWN, JR., et al., Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

This court previously entered its judgment in this case, but stayed the judgment pending the resolution of any appeal.[1] However, as plaintiffs point out in their pending Motion To Enforce Judgment, no party filed a motion requesting that this court issue a stay pending appeal under the applicable standards. In their opposition, defendants assert, among other things, that if the matter is not stayed, "Defendants agree with Plaintiffs that a 21-day stay is proper so that Defendants may seek a stay from the Ninth Circuit." ECF No. 552 at 7 n.2.

Accordingly,

1. Plaintiffs' motion (ECF No. 547) is GRANTED; and

2. That portion of the court's order and judgment (ECF Nos. 532 & 533), that issued a stay pending appeal is hereby VACATED, effective 21 days from the date of this order, so that a stay may be sought from the Ninth Circuit.

IT IS SO ORDERED.


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