Free Order on Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:08-cv-00246-RLB

Document 7

Filed 05/13/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: W.R. Grace & Co., et al. ______________________________________ : W.R. Grace & Co., et al., and : the State of Montana, : : Appellants, : : v. : : Libby Claimants, : : Appellee. : ______________________________________ :

Civil Action No. 08-246

Bankruptcy Case No. 01-1139 Adversary Case No. 01-771 Appeal No. 08-19

ORDER AND NOW, this 13th day of May, 2008, upon consideration of Libby Claimants' Emergency Motion to Dissolve Stay Pending Appeal (Docket No. 5) and the State of Montana's response thereto (Docket No. 6), it is hereby ORDERED that Libby Claimants' Motion is DENIED. While the State of Montana does not make the strongest showing of likelihood of success on the merits, the balancing of the other factors leads the Court to conclude it is in the best interest of justice to keep the stay in place until the Court has considered all of the parties' arguments on appeal.

BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.