State of CA v. Del Rosa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 State of California, No. 2:23-cv-00743-KJM-DB Plaintiff, ORDER v. Phillip Del Rosa, et al., 1S Defendants. 16 Defendants move to stay the court’s preliminary injunction pending appeal. Mot., ECF No. 73. The motion is fully briefed, Opp’n, ECF No. 76; Reply, ECF No. 77, and the matter was submitted without oral arguments, Briefing Order, ECF No. 74. The motion is denied. “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009) (citation omitted). Four considerations guide judicial 22 discretion in ruling on a motion to stay: “(1) whether the stay applicant has made a strong 23 showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably 24 injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties 25 interested in the proceeding;…