Court filing

Motion to Stay District Court Proceedings — Chambless v. Redfield

Summary

The defendants' motion to stay district court proceedings pending appeal in Chambless Enterprises LLC, et al. v. Centers for Disease Control and Prevention, et al., Case No. 3:20-cv-01455-TAD-KDM, in the U.S. District Court for the Western District of Louisiana, filed February 9, 2021 as Document 44. The motion asks the court to stay further proceedings while the plaintiffs appeal the denial of their motion for a preliminary injunction, No. 21-30037 (5th Cir.). It argues that parallel proceedings on overlapping issues would be largely duplicative and risk inconsistent decisions, while a stay would conserve judicial and party resources. It is signed by U.S. Department of Justice Civil Division attorneys for the defendants. A certificate of conference states that the plaintiffs oppose the request.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

No. 3:20-cv-01455-TAD-KDM · Doc. 44 · Docket on CourtListener

Full text

Case 3:20-cv-01455-TAD-KDM Document 44 Filed 02/09/21 Page 1 of 3 PageID #: 592

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

CHAMBLESS ENTERPRISES LLC, et al.,

Plaintiffs, Case No. 3:20-cv-1455

v. Judge Terry A. Doughty

CENTERS FOR DISEASE CONTROL AND Magistrate Judge Karen L. Hayes
PREVENTION, et al.,

Defendants.

DEFENDANTS’ MOTION TO STAY
DISTRICT COURT PROCEEDINGS PENDING APPEAL

Defendants respectfully request that the Court stay further proceedings in this case pending

Plaintiffs’ appeal of the denial of their motion for a preliminary injunction. See Chambless Enters. LLC

v. Wolensky, No. 21-30037 (5th Cir.). As explained in the attached memorandum, conducting further

proceedings in this Court while overlapping issues are under consideration by the U.S. Court of

Appeals for the Fifth Circuit would result in largely duplicative parallel proceedings and create the risk

of inconsistent decisions. Conversely, a stay of proceedings would promote efficiency, conserve

judicial and party resources, and permit the parties and the Court to receive the benefit of the Fifth

Circuit’s reasoning in any further proceedings. Accordingly, this Court should exercise its discretion

to temporarily stay district court proceedings during the pendency of the Fifth Circuit appeal.

Dated: February 9, 2020 Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

ERIC BECKENHAUER
Assistant Director, Federal Programs Branch
Case 3:20-cv-01455-TAD-KDM Document 44 Filed 02/09/21 Page 2 of 3 PageID #: 593

/s/ Steven A. Myers
STEVEN A. MYERS
Senior Trial Counsel (NY Bar No. 4823043)
LESLIE COOPER VIGEN
Trial Attorney (DC Bar No. 1019782)
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, DC 20005
Tel: (202) 305-8648
Fax: (202) 616-8470
E-mail: Steven.A.Myers@usdoj.gov

Counsel for Defendants
Case 3:20-cv-01455-TAD-KDM Document 44 Filed 02/09/21 Page 3 of 3 PageID #: 594

CERTIFICATE OF CONFERENCE

I hereby certify that I consulted with counsel for Plaintiffs regarding this motion to stay

district court proceedings pending appeal. Plaintiffs oppose this request.

Dated: February 9, 2021

/s/ Steven A. Myers

CERTIFICATE OF SERVICE

I hereby certify I served this document today by filing it using the Court’s CM/ECF system,

which will automatically notify all counsel of record.