Free Order - District Court of Delaware - Delaware

Case 1:05-cv-00877-JJF Document 47 Filed 08/16/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROLAND C. ANDERSON, :
Plaintiff, ;
v. ; Civil Action No. 05-877-JJF
GENERAL MOTORS CORP., ;
Defendant. E
. B
WHEREAS, on June 14, 2007, Plaintiff filed a Motion To Stay
pending appeal of the Court’s Order and accompanying Memorandum
Opinion issued May 29, 2007 denying Plaintiff’s Motion For
Default Judgment (D.I. 39);
WHEREAS, on June 26, 2007, Plaintiff filed a Motion To Stay
requesting that the Court stay discovery until the appeal is
resolved (D.I. 43);
WHEREAS, on June 27, 2007, Defendant filed its objections in
response to Plaintiff's Motions and requested that the discovery
deadline be extended if the stay is not granted (D.I. 42);
WHEREAS, it is well settled that a party seeking a stay
pending appeal must show that the following four factors are met:
I) 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, see The First Amendment Coalition v. Judicial Inquiry and
Review Board, 584 F.Supp. 635, 636 (E.D. Pa. 1984);

Case 1:05-cv-00877-JJF Document 47 Filed 08/16/2007 Page 2 of 2
WHEREAS, upon review of the factors, the Court concludes
that a stay pending appeal is not warranted;
NOW THEREFORE, IT IS HEREBY ORDERED that: `
l) Plaintiff’s Motions To Stay (D.I. 39, 43) are DENIED;
2) The deadline for fact discovery is extended until October
12, 2007;
3) The deadline for filing case dispositive motions is extended
until November 9, 2007.
August 2007 l“.‘ I- ‘"‘i
TA ss DISTRIC'? JUDGE