Marshak v. Reed

ORDER

GERSHON, District Judge.

Defendant Herb Reed requests that the court grant a stay pending appeal of the Injunction issued on February 1, 2001. The application is denied.

Rule 62(c), Fed.R.Civ.P., provides that when an appeal is taken from an interlocutory or final judgment granting an injunction, the court in its discretion may suspend or modify it during the pendency of the appeal “upon such terms ... as it considers proper for the security of the rights of the adverse party.” Four factors are considered in determining whether to grant a stay: (1) whether the movant will suffer…