Hazari
Hazari v. Superior Court of Santa Clara County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CYRUS HAZARI, Case No. 21-cv-04262-JSW
Plaintiff,
ORDER DENYING MOTION TO STAY
v. PENDING APPEAL AND SUA SPONTE
EXTENDING DEADLINE FOR
SUPERIOR COURT OF SANTA CLARA SERVICE COUNTY ET AL, et al., Re: Dkt. No. 135 11 Defendants.
12 On May 3, 2024, Plaintiff Cyrus Hazari filed an amended complaint pursuant to this Court’s previous Orders setting that date as a deadline to amend. However, he states that this amended complaint still requires amendment, and he has not submitted proposed summonses. On May 16, 2024, Mr. Hazari filed a notice of appeal, in which he states he intends to appeal the Court’s Order denying a motion for re-hearing and asks for a stay pending appeal. Mr. Hazari “bears the burden of showing that the circumstances justify an exercise of” the Court’s discretion to stay. Nken v. Holder, 556 U.S. 418, 433-34. The standards to obtain a stay pending appeal are similar to the standards required to obtain a preliminary…