Free Order - District Court of Delaware - Delaware

Case 1:05-cv-00877-JJF Document 54 Filed O9/17/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROLAND C. ANDERSON, :
Plaintiff, ;
v. ; Civil Action N0. 05-877-JJF
GENERAL MOTORS CORP., Z
Defendant. E
O R D E R
WHEREAS, on August 28, 2007, Plaintiff filed a Motion To
Stay Lower Court Proceeding pending resolution of Appellate Case
No. 07-1908 (D.I. 49);
WHEREAS, on September 10, 2007, Plaintiff filed a Motion To
Stay Lower Court Proceeding, including discovery pending
resolution of Appellate Case No. 07-1908 (D.I. 53);
WHEREAS, on September 11, 2007, Plaintiff filed an appeal of
the Court’s Orders denying Plaintiff’s Motion for Reconsideration
of Plaintiff's Motion for Default Judgment, Plaintiff’s request
for appointment of counsel (D.I. 46)and Plaintiff’s Motion To
Stay (D.I. 47);
WHEREAS, the Court of Appeals for the Third Circuit
dismissed Appellate Case No. 07-1908 on September 13, 2007 (D.I.
50):
WHEREAS, to the extent that Plaintiff's Motions To Stay are
not moot and can be said to apply to P1aintiff’s September 11
appeals, the Court concludes that Plaintiff has not demonstrated
the factors justifying a stay pending appeal; see The First

Case 1:05-cv-00877-JJF Document 54 Filed O9/17/2007 Page 2 of 2
Amendment Coalition v. Judicial Inquiry and Review Board, 584
F.Supp. 635, 636 (E.D. Pa. l984) (holding that stay pending
appeal requires the following four factors: (l) that he will
likely prevail on the merits of the appeal; (2) that he will
suffer irreparable injury if the stay is denied; (3) that other
parties will not be substantially harmed by the stay; and (4)
that the public interest will be served by granting the stay);
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s Motions
To Stay (D.I. 49, 53) are DENIED;
IT IS FURTHER ORDERED that in light of the recent extension
of deadlines in this matter (D.I. 47), the Pretrial Conference
scheduled for October 4, 2007 will be rescheduled to be heard on
Thursday, March 6, 2008 at 11:30 a.m., in Courtroom No. 4B on the
4th Floor, United States Courthouse, Boggs Federal Building,
Wilmington, Delaware.
September M, 2007 * 1 # ¤:» =,.- __
ST TESJDISTRICT DGE