Barnack

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CONNIE JEROME et al., No. 2:19-cv-00073-MCE-DB Plaintiffs, v. ORDER ROBERT SCOTT BARNACK et al., Defendants. 16 On September 30, 2021, the Court held an order to show cause hearing, found Defendant Robert Scott Barnack (“Defendant”) in contempt of court, and ordered a bench warrant for his arrest. See ECF No. 53. Defendant filed a Notice of Appeal in the Ninth Circuit Court of Appeals on the same day. ECF No. 54. Presently before the Court is Defendant’s Request for Stay Pending Appeal, which asks the Court to recall the arrest warrant while the appeal is heard before the Ninth Circuit. ECF No. 67. To date, Defendant has not been arrested nor has he complied with previously issued court orders. Factors a court must consider when determining whether to issue a stay pending appeal are “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will…