Callais et al v. Landry, 3:24-cv-00122, No. 223 (W.D.La. May. 9, 2024)

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Callais et al v. Landry, 3:24-cv-00122, No. 223 (W.D.La. May. 9, 2024)

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Case 3:24-cv-00122-DCJ-CES-RRS Document 223 Filed 05/09/24 Page 1 of 2 PageID
`#: 5240
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF LOUISIANA
`MONROE DIVISION
`
`
`CASE NO. 3:24-CV-00122-DCJ-CES-
`RRS
`
`THREE-JUDGE COURT
`
`PHILLIP CALLAIS ET AL
`
`
`VERSUS
`
`NANCY LANDRY
`
`
`
`
`ORDER
`
`
`
`The present matter before the Court is The State of Louisiana’s and The
`
`Secretary of State’s Joint Motion for Stay Pending Appeal [Doc. 222]. Movants ask
`
`the Court to stay its April 30, 2024 Injunction and Reasons for Judgment [Doc. 198]
`
`which enjoins Louisiana’s enacted congressional map, SB8, pending appellate
`
`proceedings in the United States Supreme Court. Rule 62(d) of the Federal Rules of
`
`Civil Procedure provides that:
`
`While an appeal is pending from an interlocutory order or final
`judgment that grants, continues, modifies, refuses, dissolves, or refuses
`to dissolve or modify an injunction, the court may suspend, modify,
`restore, or grant an injunction on terms for bond or other terms that
`secure the opposing party's rights.
`
`The rule, however, goes on to state that:
`
`If the judgment appealed from is rendered by a statutory three-judge
`district court, the order must be made either:
`(1) by that court sitting in open session; or
`(2) by the assent of all its judges, as evidenced by their signatures.
`
`Having polled the three members of the panel, all of the members of the panel
`
`do not assent to a stay of the court's judgment pending appeal. Accordingly,
`
`

`Case 3:24-cv-00122-DCJ-CES-RRS Document 223 Filed 05/09/24 Page 2 of 2 PageID
`#: 5241
`
`IT IS ORDERED THAT The State of Louisiana’s and The Secretary of State’s
`
`Joint Motion for Stay Pending Appeal [Doc. 222] is DENIED.
`
`THUS, DONE AND SIGNED in chambers on this 9th day of May, 2024.
`
`_____________________________________
`DAVID C. JOSEPH
`UNITED STATES DISTRICT COURT
`
`
`
`
`
`
`
`
`
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`

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