JamieB78
@jamieb78.bsky.social
71 followers 81 following 135 posts
A single mom of 3. Oldest is Autistic. Middle is Autistic, Epileptic, global delays, foot deformity, Klinefelters. Youngest is dyslexic. I advocate to my ability for my kids and I'm passionate about SpecEd/Special needs.
![Proceedings: (IN CHAMBERS) ORDER RE DEFENDANTS’ EX PARTE APPLICATION
FOR STAY PENDING APPEAL [98]
On September 10, 2025, the Court granted Plaintiffs’ Motion for Preliminary Injunction.
[Dkt. 83]. Defendants filed a Notice of Appeal nearly a month later. [Dkt. 89]. The instant Ex
Parte Application for Stay of the Preliminary Injunction Pending Appeal (“Application”) was
filed on October 15. [Dkt. 98].
Defendants contend that immediate, ex parte relief is required in light of the “No Kings”
rally scheduled to take place in Los Angeles (and across the country) on October 18. Application
at 2. They also assert various “workability” concerns and other substantive arguments largely
mirroring those raised and addressed in prior briefing. Id. at 12–31.
To justify ex parte relief, the moving party must show that its “cause will be irreparably
prejudiced if the underlying motion is heard according to regular noticed motion procedures,”
and that it is “without fault in creating the crisis that requires ex parte relief, or that the crisis
occurred as a result of excusable neglect.” Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F.
Supp. 488, 492 (C.D. Cal. 1995).
Here, Defendants waited five weeks after the Court issued its injunction to file their
Application, during which time the Court presumes Defendants complied with its order to
disseminate the injunction. Furthermore, they waited almost three weeks from when they first
indicated to Plaintiffs that they would be seeking a stay. Declaration of Peter Bibring in
Opposition to Application ¶ 2 [Dkt. 100-1] (noting that Defendants notified Plaintiffs of their
intent to move for a stay pending appeal on September 26, 2025). And Defendants waited over a](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6oexpvmrh6pxfay73gheefhm/bafkreiauxjjqvnm4lwc5guxf2rnogylkjblqtu2gkroojbdcewsxkl4rnm)
