Rhode

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA KIM RHODE, et al., Case No.: 18-cv-802-BEN

Plaintiffs,

ORDER DENYING EX PARTE

v. MOTION FOR STAY ATTORNEY GENERAL XAVIER

BECERRA,

11 Defendant,

13 Defendant Xavier Becerra moves ex parte to stay this Court’s April 23, 2020 Order 14 granting Plaintiffs’ Motion for a Preliminary Injunction. To determine whether a stay is 15 warranted, the Court considers four factors: “(1) whether the stay applicant has made a 16 strong showing that he is likely to succeed on the merits; (2) whether the applicant will be 17 irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure 18 the other parties interested in the proceeding; and (4) where the public interest lies.” Nken 19 v. Holder, 556 U.S. 418, 433 (2009). “Each factor, however, need not be given equal 20 weight.” Presidio Components, Inc. v. Am. Tech. Ceramics Corp., 2018 WL 4928041, at 21 *3 (S.D. Cal. Oct. 18, 2018) (citations omitted). Rather, “[t]he first two factors . . . are the 22…