Court: Uncle Sam Must Hand Over Immunity Lobbying Docs > Read that again

In order to prevail on a motion to stay pending appeal, Defendants would have to address the following factors: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” See Hilton v. Braunskill, 481 U.S. 770, 776 (1987). In ruling on a motion for a stay pending appeal, courts employ “‘two interrelated legal tests’ that ‘represent the outer reaches of a single continuum.’” Golden Gate Restaurant Ass’n v. City and County of San Francisco, 512 F.3d 1112, 1115 (9th Cir. 2008) (citing Lopez v. Heckler, 713 F.2d 1432, 1435 (9th Cir. 1983)). “At one end of the continuum, the moving party is required to show both a probability of success on the merits and the possibility of irreparable injury.” Lopez, 713 F.2d at 1435. “At the other end of the continuum, the moving party must demonstrate that serious legal questions are raised and that the balance of hardships tips sharply in its favor.” Id.