275 F.R.D. 473
E.D. Va.2011Background
- Defendants moved to stay the July 20, 2011 judgment pending appeal under Rule 62(c).
- Court analyzes stay factors: likelihood of success on merits, irreparable harm, remaining parties’ injuries, and public interest.
- Court declines to find a high likelihood of merit on appeal but acknowledges substantial merits given issues of national importance.
- Court finds irreparable injury to defendants due to time, cost, and confidentiality risks if stayed not granted.
- Court finds potential injury to Project Vote is outweighed by public interest in staying to prevent confusion and allow remedial legislation and proper implementation.
- Court grants the stay pending appeal and directs the Clerk to notify counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stay should be granted due to likelihood of success on merits | Project Vote argues merits warrant denial of stay | Defendants argue strong case on merits but not certain | Not convinced of likelihood of success on merits; stay may still be granted given other factors. |
| Whether irreparable harm favors a stay | Project Vote claims no irreparable harm from delay | Defendants show six-month changes and confidentiality risks create irreparable harm | Irreparable harm shown; stay warranted. |
| Whether the balance of harms supports a stay | Project Vote would be delayed in inspecting redacted applications | Defendants need time to implement changes and protect confidentiality | Harm to defendants supports stay; public interest favors staying to avoid confusion and allow changes. |
| Whether public interest supports a stay | Public interest in prompt enforcement of judgment | Public interest in orderly implementation, avoiding disclosure during appeal | Public interest favors stay to reduce confusion and permit remedial consideration. |
Key Cases Cited
- Hilton v. Braunquest, 481 U.S. 770 (1987) (establishes four-factor stay standard and individualized judgment)
- Miller v. Brown, 465 F.Supp.2d 584 (E.D.Va.2006) (applies stay factors to stay pending appeal)
- Project Vote/Voting for Am., Inc. v. Long, — F.Supp.2d -, 2011 WL 2963032 (E.D.Va. 2011) (source judgment and context for stay motions)