Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 438

Filed 11/30/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: NOVEMBER 30, 2004

DEFENDANT S RENEWAL OF MOTION TO STAY PENDING MANDAMUS

Defendant Mostafa Reyad hereby respectfully moves this Honorable Court to stay all proceeding including the filing of proposed findings of facts and conclusions of law. This is the renewal motion to stay; Defendant filed Defendant s motion to stay pending mandamus , dated October 20, 2004 (Doc # 434), The District Clerk docketed the responses due by 11/11/2004. Plaintiff failed to respond. Plaintiff s failure to respond is a legal ground to Grant this motion. Moreover, the stay requested is pursuant to legal authorities as Defendant stipulated it in Doc # 434, attached hereto.

Furthermore, Defendant is under constraint, due to his request for expedited hearing, he filed it in the Second Circuit for partial release of the injunction, if it granted review, it is expected a hearing on Tuesday, December 14, 2004, and it

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required a reply to be prepared before the hearing, inwhich Defendant is unable to predict the issues might be raised by the other parties.

Wherefore, the Honorable Court should Grant this renewal motion, and stay all proceedings including the filing of proposed findings of facts and conclusion of law pending the Second Circuit review of the mandamus.

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The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Day Phone 203-325-4100 Home Phone # 201-585-0562 Email, [email protected]

CERTIFICATE OF SERVICE

The undersigned certifies that he emailed a true and correct copy of this document to Attorney Rowena Moffett at [email protected] and Hand delivered to Wafa Reyad.

Mostafa Reyad

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: OCTOBER 20, 2004

DEFENDANT S MOTION TO STAY PENDING MANDAMNS Defendant Mostafa Reyad hereby respectfully moves this Honorable Court to stay pending Appellate Review of his petition for Mandamus. The stay requested Pursuant to Giggs v. Provident Consumer Discount Co. 459 U.S. 56, 58 (1982) (The filing of a notice of appeal is an event of jurisdictional significance- it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal. See, e.g. United States v. Hitchmon 587 F. 2d 1357 (5th Cir. 1979.); USA v. Padilla (Camacho) case number 02-1242 (2nd Cir. 2002) and see Re: International Business Machines Corporation, case number 94-3071 (2nd Cir. 1995) and its comments; United States v. International Business Machines Corp, 857 F. Supp. 1089 (S.D.N.Y. 1994) Judge Edelstein denied recusal motion and deferred

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consideration of the motion to terminate the consent decree until disposition of the pending motion for a writ of mandamus.

The Honorable Court should Grant this motion and Order staying the action pending the said appeal.

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The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Day Phone # 203-325-4100 E-mail [email protected]

CERTIFICATION

The Undersigned certifies that he emailed and mailed a true and correct copy of this Document to Attorney David Schaefer 271 Whitney Avenue, New Haven, CT 06511 and Hand delivered to Wafa Reyad

Mostafa Reyad

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