E.E
E.E v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 E. E., et al., Case No. 21-cv-07585-SI
Plaintiffs, ORDER DENYING DEFENDANTS' v. MOTION FOR STAY PENDING
APPEAL
STATE OF CALIFORNIA, et al., Re: Dkt. No. 107 Defendants.
9 On March 11, 2022, the Court held a hearing on defendants’ motion to stay the preliminary injunction pending appeal. Defendants seek a stay of the Court’s February 28, 2022 preliminary injunction order pending the outcome of an anticipated appeal to the United States Court of Appeals for the Ninth Circuit. “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009) (internal quotation marks omitted). Instead, it is “an exercise of judicial discretion,” and “the propriety of its issue is dependent upon the circumstances of the particular case.” Id. (internal quotation and alteration marks omitted). The party seeking a stay bears the burden of justifying the exercise of that…