IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION

FREDRIC RUSSELL MANCE, JR. et al.,
VS.
ERIC HOLDER, ATTORNEY GENERAL OF THE UNITED STATES, and B. TODD JONES, DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES

Civil Action No. 4:14-CV-00539-O

DEFENDANTS’ MOTION FOR SIXTY-DAY STAY AND BRIEF IN SUPPORT

Defendants respectfully move for a stay of the Court’s Memorandum Opinion and Order dated February 11, 2015 [ECF No. 40] for 60 days, in order to allow adequate time for the government to determine whether to appeal the Court’s decision and, if so, whether to seek a stay pending appeal. The determination whether to appeal is entrusted by regulation to the Solicitor General of the United States.

See 28 C.F.R. § 0.20(b). The 60 days requested represents a modest amount of time for the Solicitor General to determine whether to appeal, after consultation with the affected governmental components.

See also 28 U.S.C. § 2107(b) (allowing 60 days for filing a notice of appeal when the federal government is a party). No undue prejudice will result to Plaintiffs from the short stay requested, as evidenced by the fact that Plaintiffs have not sought preliminary injunctive relief in this case. For the foregoing reasons, Defendants respectfully urge the Court to enter an order that stays the provisions of its Memorandum Opinion and Order dated February 11, 2015 for 60 days, until April 14, 2015. A proposed order is being submitted electronically in Word Perfect-compatible format to the Court’s “Orders” email address.

Dated: February 13, 2015
Respectfully submitted,
JOYCE R. BRANDA Acting Assistant Attorney General
JOHN R. PARKER Acting United States Attorney /s/ Daniel Riess DIANE KELLEHER Assistant Branch Director
LESLEY FARBY DANIEL RIESS Trial Attorneys
U.S. Department of Justice Civil Division,
Rm. 6122 20 Massachusetts Avenue,
NW Washington, D.C. 20530
Telephone: (202) 353-3098
Fax: (202) 616-8470
Email: Daniel.Riess@usdoj.gov
Attorneys for Defendants

It seems the Government is determined to fight against protecting our Civil Rights under the Constitution.

Source

Update:

Motion DENIED