In re Raina M. Cardoni

Good Law
United States District Court, Northern District of CaliforniaMay 25, 20223:22-cv-01616California571 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE RAINA M. CARDONI, Case No. 22-cv-01616-JD

Debtor.

ORDER RE STAY

10

12 The request for a stay pending appeal by appellant Ruby Creek Ranch, LLC (Ruby Creek) is denied. Dkt. No. 6. A stay is “an exercise of judicial discretion, and the propriety of its issue is dependent upon the circumstances of the particular case. [Ruby Creek has] the burden of demonstrating that the circumstances justify an exercise of that discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009) (cleaned up). The Court will consider: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Id. at 434. The first two factors “are the most critical,” and “simply showing some possibility of irreparable injury fails to satisfy the …

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