Jones et al v. Gale et al

District of Nebraska, ned-8:2004-cv-00645

ORDER denying {{125}} the defendants' Motion to Stay. Ordered by Judge Laurie Smith Camp.(MKR)

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8:04-cv-00645-LSC-FG3 Doc # 127 Filed: 01/19/07 Page 1 of 1 - Page ID # 2748 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JIM JONES, TERRENCE M.) CASE NO. 8:04CV645 SCHUMACHER, SHAD DAHLGREN,) HAROLD G. RICKERTSEN, TODD) EHLER, and ROBERT E. BECK III,)) Plaintiffs,)) v.) ORDER) JOHN GALE, in his official capacity) as Secretary of State of Nebraska,) and JON BRUNING, in his official) capacity as Attorney General of) Nebraska,)) Defendants.) This matter is before the Court on the Defendants' Motion to Stay all proceedings in this case, including the issuance of a permanent injunction, pending the United States Supreme Court's consideration of the Defendants' Petition for Writ of Certiorari. The Plaintiffs have filed a brief in opposition to the motion, arguing that the Defendants have asserted no basis for a stay, have shown no exceptional circumstances justifying a stay, and have made no showing that the United States Supreme Court is likely to grant certiorari. In addition, the Plaintiffs argue that this Court may not have jurisdiction to enter a stay, because the United States Court of Appeals for the Eighth Circuit has already denied the Motion for Stay of Mandate. (Filing No. 126, Ex. A). I am persuaded by all of the Plaintiffs' arguments. Accordingly, IT IS ORDERED: The Defendants' Motion to Stay (Filing No. 125) is denied. DATED this 19th day of January, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge