State of CA v. Del Rosa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 State of California, No. 2:23-cv-00743-KJM-DB 12 Plaintiff, ORDER 13 v. 14 Phillip Del Rosa, et al., 1S Defendants. 16 17 Defendants move to stay the court’s preliminary injunction pending appeal. Mot., ECF 18 | No. 73. The motion is fully briefed, Opp’n, ECF No. 76; Reply, ECF No. 77, and the matter was 19 | submitted without oral arguments, Briefing Order, ECF No. 74. The motion is denied. 20 “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. 21 | 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;…