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    Motion For Stay Pending Appeal

    Uploaded by

    Jim Morris
    This document is a motion filed by Maurice Underwood and Reno Movers, LLC requesting that the court stay its order denying their motion for a temporary restraining order and preliminary injunction, and issue an injunction barring the defendants from initiating any administrative proceedings against the plaintiffs pending appeal. The motion is being made on the grounds that the denial of the temporary restraining order will allow an administrative hearing to proceed that could irreparably harm Underwood, and that this could occur before the appeals court can fully consider the appeal of the dismissal of the complaint. The plaintiffs request these remedies to preserve Underwood's right to appeal the dismissal. The motion was filed on June 26, 2013 by attorneys Timothy Sandefur and Mark Schopper

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    © All Rights Reserved
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    Motion For Stay Pending Appeal

    Uploaded by

    Jim Morris
    169 views3 pages
    This document is a motion filed by Maurice Underwood and Reno Movers, LLC requesting that the court stay its order denying their motion for a temporary restraining order and preliminary injunction, and issue an injunction barring the defendants from initiating any administrative proceedings against the plaintiffs pending appeal. The motion is being made on the grounds that the denial of the temporary restraining order will allow an administrative hearing to proceed that could irreparably harm Underwood, and that this could occur before the appeals court can fully consider the appeal of the dismissal of the complaint. The plaintiffs request these remedies to preserve Underwood's right to appeal the dismissal. The motion was filed on June 26, 2013 by attorneys Timothy Sandefur and Mark Schopper

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    Motion for Stay Pending Appeal

    Original Title

    Motion for Stay Pending Appeal

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    This document is a motion filed by Maurice Underwood and Reno Movers, LLC requesting that the court stay its order denying their motion for a temporary restraining order and preliminary injunction, and issue an injunction barring the defendants from initiating any administrative proceedings against the plaintiffs pending appeal. The motion is being made on the grounds that the denial of the temporary restraining order will allow an administrative hearing to proceed that could irreparably harm Underwood, and that this could occur before the appeals court can fully consider the appeal of the dismissal of the complaint. The plaintiffs request these remedies to preserve Underwood's right to appeal the dismissal. The motion was filed on June 26, 2013 by attorneys Timothy Sandefur and Mark Schopper

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    169 views3 pages

    Motion For Stay Pending Appeal

    Uploaded by

    Jim Morris
    This document is a motion filed by Maurice Underwood and Reno Movers, LLC requesting that the court stay its order denying their motion for a temporary restraining order and preliminary injunction, and issue an injunction barring the defendants from initiating any administrative proceedings against the plaintiffs pending appeal. The motion is being made on the grounds that the denial of the temporary restraining order will allow an administrative hearing to proceed that could irreparably harm Underwood, and that this could occur before the appeals court can fully consider the appeal of the dismissal of the complaint. The plaintiffs request these remedies to preserve Underwood's right to appeal the dismissal. The motion was filed on June 26, 2013 by attorneys Timothy Sandefur and Mark Schopper

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    930 G Street

    Sacramento, CA 95814
    (916) 419-7111 FAX (916) 419-7747

    PACIFIC LEGAL FOUNDATION

    Case 3:12-cv-00533-MMD-VPC Document 39 Filed 06/26/13 Page 1 of 3

    1 TIMOTHY SANDEFUR, Cal. Bar No. 224436*


    Pacific Legal Foundation
    2 930 G Street
    Sacramento, California 95814
    3 Telephone: (916) 419-7111
    Facsimile: (916) 419-7747
    4 E-mail: tms@pacificlegal.org
    *pro hac vice
    5
    MARK SCHOPPER, Nev. Bar No. 9179
    6 Mark Schopper Law, LLC
    P.O. Box 19488
    7 Reno, Nevada 89511
    Telephone: (775) 337-6480
    8 Facsimile: (775) 981-9022
    E-mail: mark@schopperlaw.com
    9 Attorneys for Plaintiffs
    MAURICE UNDERWOOD and RENO MOVERS, LLC
    10
    11
    12
    13

    UNITED STATES DISTRICT COURT


    DISTRICT OF NEVADA

    14
    15 MAURICE UNDERWOOD, et al.,
    16
    17

    Plaintiffs,
    vs.

    18 ANDREW J. MACKAY, et al.,


    19

    Defendants.

    20
    21
    22
    23
    24
    25
    26
    Mtn for Stay of Order & for Inj Pndng App
    No. 3:12-cv-00533-MMD-VPC

    )
    No. 3:12-cv-00533-MMD-VPC
    )
    )
    MOTION FOR
    )
    STAY OF ORDER AND FOR
    ) INJUNCTION PENDING APPEAL
    )
    [FRAP 8]
    )
    ) Judge: The Hon. Miranda M. Du
    )
    )

    Case 3:12-cv-00533-MMD-VPC Document 39 Filed 06/26/13 Page 2 of 3

    Pursuant to Federal Rule of Appellate Procedure 8, Maurice Underwood and Reno Movers,

    2 LLC, hereby move for a stay of this Courts order denying Plaintiffs Motion for a Temporary
    3 Restraining Order and Preliminary Injunction, entered in this case on June 26, 2013. Plaintiffs also
    4 move that this Court issue an injunction barring Defendants from initiating any administrative
    5 proceeding against Plaintiffs pending appeal of this Courts dismissal of the complaint to the
    6 United States Court of Appeals for the Ninth Circuit. This motion is made on the grounds that this
    7 Courts denial of Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction
    8 has the practical effect of requiring Underwood to attend a hearing presided over by Defendants
    930 G Street
    Sacramento, CA 95814
    (916) 419-7111 FAX (916) 419-7747

    PACIFIC LEGAL FOUNDATION

    9 which threatens to work irreparable harm on Underwoodas specified more thoroughly in


    10 Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunctionand that such
    11 injury will occur before the time provided for the Court of Appeals to fully consider the appeal of
    12 the dismissal of the First Amended Complaint. Given the short period of time before July 11, an
    13 injunction is necessary to preserve Underwoods right to appeal the dismissal of this case.
    14

    DATED: June 26, 2013.

    15

    Respectfully submitted,

    16

    TIMOTHY SANDEFUR

    17

    Pacific Legal Foundation

    18

    MARK SCHOPPER

    19

    Mark Schopper Law, LLC

    20
    21
    22

    By
    s/ Timothy Sandefur
    TIMOTHY SANDEFUR, Cal. Bar No. 224436*

    23

    Attorneys for Plaintiffs

    24

    MAURICE UNDERWOOD

    25

    and RENO MOVERS, LLC

    26

    *pro hac vice


    Mtn for Stay of Order & for Inj Pndng App
    No. 3:12-cv-00533-MMD-VPC

    -1-

    Case 3:12-cv-00533-MMD-VPC Document 39 Filed 06/26/13 Page 3 of 3

    1
    2

    CERTIFICATE OF SERVICE
    I hereby certify that on June 26, 2013, the foregoing was filed electronically with the Clerk

    3 of the Court to be served by operation of the Courts electronic filing system upon the following:
    4

    ANDREA NICHOLS

    E-Mail: anichols@ag.nv.gov, rcollins@ag.nv.gov

    Counsel for Defendants

    930 G Street
    Sacramento, CA 95814
    (916) 419-7111 FAX (916) 419-7747

    PACIFIC LEGAL FOUNDATION

    7
    8

    TIMOTHY SANDEFUR

    E-Mail: tms@pacificlegal.org

    10
    11

    MARK D. SCHOPPER

    12

    E-Mail: mark@schopperlaw.com

    13

    Counsel for Plaintiffs

    14
    15
    16

    /s/ Timothy Sandefur


    TIMOTHY SANDEFUR, Cal. Bar No. 224436*

    17

    Attorney for Plaintiffs

    18

    *pro hac vice

    19
    20
    21
    22
    23
    24
    25
    26
    Mtn for Stay of Order & for Inj Pndng App
    No. 3:12-cv-00533-MMD-VPC

    -2-

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