934 F. Supp. 2d 311
D.D.C.2013Background
- Plaintiffs challenge the Department of State's collection of salary overpayments from four individuals for 2004 Iraq work.
- After deferring collection for years, the Department now seeks to recover remaining amounts totaling under $25,000.
- Plaintiffs appeal the district court's denial of a stay and seek Rule 62(c) injunction pending appeal.
- The court applies a four-factor test from Nken v. Holder to determine whether to grant a stay pending appeal.
- The court finds no irreparable harm and denies the stay, considering low likelihood of success and neutral public interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a stay pending appeal is warranted. | Lubow argues irreparable harm and likelihood of success warrant a stay. | State Department argues no irreparable harm and no likelihood of success. | Stay denied. |
| Irreparable harm from monetary repayment if stay denied. | Lubow asserts monetary loss constitutes irreparable harm. | Repayment can be refunded if plaintiffs prevail; monetary loss not irreparable. | No irreparable harm. |
| Plaintiffs' likelihood of success on the merits on appeal. | Challenged the Department's statute/regulation interpretation. | Deference to agency readings; statute likely against plaintiffs. | Low likelihood of success; court deferential. |
| Public and third-party interest in granting a stay. | Potential delay harms public interest in timely recoupment. | Neutral or minimal public impact due to small amount. | Public interest neutral; no injury to others. |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (2009) (four-factor test for stays pending appeal)
- Cuomo v. U.S. Nuclear Regulatory Comm’n, 772 F.2d 972 (D.C. Cir. 1985) (movant bears burden to show extraordinary injunctive relief warranted)
- Wis. Gas Co. v. FERC, 758 F.2d 669 (D.C. Cir. 1985) (recoverable monetary loss does not constitute irreparable harm)
- Sampson v. Murray, 415 U.S. 61 (1974) (recoverable monetary loss may constitute irreparable harm only in extreme cases)
- Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006) (movant's failure to show irreparable harm defeats preliminary injunction)